program

Guidance for Families about Special Education Services
Parent and Student Rights

Parents and students have rights related to special education. These rights are described in a document called the Procedural Safeguards (PDF). The Procedural Safeguards is a long, but very important document with which to become familiar. At minimum, review the table of contents. This way, if a dispute should occur between you and your district regarding your child’s educational program (including eligibility), you know the best place to begin your search for information about your rights regarding the particular issue you face.

Key points to keep in mind:

School districts must provide parents a copy of the Procedural Safeguards at least once every school year, and:

When your district proposes, or you request, that your child be evaluated to determine eligibility for special education services. (This is called a referral.)
When you file a citizen complaint –at least the first time you do so in a school year.
When you request a due process hearing--at least the first time you do so in a school year.
When a decision is made to make a significant change to your child’s educational program as part of a disciplinary action.
Upon request.

Notice of Special Education Procedural Safeguards for Students and Their Families
Revised August 2009
Download the Procedural Safeguards (PDF, 46 pages)

General Information
- Introduction
- Who This Notice is For
- Free Appropriate Public Education (FAPE)
- For More Information
Procedural Safeguards Notice
Prior Written Notice
Native Language
Electronic Mail
Parental Consent – Definition
Parental Consent – Requirements

Consent for Initial Evaluation
Special Rule for Initial Evaluation of Wards of the State
Parental Consent for Initial Services and Revocation of Consent for Continued Services
Parental Consent for Reevaluations
Documentation of Reasonable Efforts to Obtain Parental Consent
Other Consent Information

Independent Educational Evaluations
- Definitions
- Parent Right to Evaluation at Public Expense
- Parent-Initiated Evaluations
- Requests for Evaluations by Administrative Law Judge (ALJ)
- District Criteria
Parent Participation
- Agreements Between You and Your District Concerning IEP Meetings and Reevaluations
- IEP Meeting Agreements
- Reevaluation Agreements
- Withdrawal from Agreements
Transfer of Parental Rights at Age of Majority
Confidentiality of Information
Personally Identifiable
Access Rights
- Record of Access
- Records on More Than One Child
- List of Types and Locations of Information
- Fees
Amendment of Records at Parent’s Request
- Opportunity for a Hearing and Results of the Hearing
Consent for Disclosure of Personally Identifiable Information
Safeguards for Personally Identifiable Information
Destruction, Retention and Storage of Information
Special Education Dispute Resolution Procedures
Mediation
- General
- Impartiality of Mediator
Difference Between Due Process Hearings and Special Education Citizen Complaint Investigations
Citizen Complaint Procedures
- Filing a Complaint
- Complaint Investigations
- Investigation, Extension, Written Decision
- Complaint Remedies
- Special Education Citizen Complaints and Due Process Hearings
Due Process Hearing Procedures
- General
- Filing
- Notice Required Before a Hearing on a Due Process Hearing Request
- Sufficiency of a Hearing Request
- Amendment of a Hearing Request
- District Response to a Due Process Hearing Request
- Other Party’s Response to a Due Process Hearing Request
Model Forms
Student Placement While the Due Process Hearing is Pending
Resolution Process
- Resolution Meeting
- Resolution Period
- Adjustments to the 30-Calendar-Day Resolution Period
- Written Settlement Agreement
- Agreement Review Period
Impartial Due Process Hearing
- General
- Administrative Law Judge (ALJ)
- Subject Matter of Due Process Hearing
- Timeline for Requesting a Hearing
- Exceptions to the Timeline
Hearing Rights
- General
- Additional Disclosure of Information
- Parental Rights at Hearings
Timelines and Convenience of Hearings
Hearing Decisions
- Decision of ALJ
- Construction Clause
- Separate Request for a Due Process Hearing
- Findings and Decision to Advisory Panel and General Public
Finality of Decision; Appeal
Civil Actions, Including the Time Period in Which to File Those Actions
- General
- Time Limitation
- Additional Procedures
- Rule of Construction
Attorneys’ Fees
- General
- Award of Fees
Discipline Procedures for Students Eligible for Special Education
Suspension and Expulsion Rules for All Students
Authority of School Personnel
- Case-By-Case Determination
- General
- Additional Authority
- Services
Change of Placement Because of Disciplinary Removals
- Notification
- Manifestation Determination
- Determination that Behavior Was a Manifestation of the Student's Disability
- Special Circumstances
- Definitions
Determination of Setting
Due Process Hearing Procedures for Discipline
- Authority of Administrative Law Judge (ALJ)
Placement During Due Process Expedited Hearings
Protections for Students Not Yet Eligible for Special Education and Related Services
- General
- Basis of Knowledge for Disciplinary Matters
- Exception
- Conditions That Apply if There is No Basis of Knowledge
Referral to and Action by Law Enforcement and Judicial Authorities
- Transmittal of Records
Requirements for Unilateral Placement by Parents of Students in Private Schools at Public Expense
- Reimbursement for Private School Placement
- Limitation on Reimbursement
Resources

Old Capitol Building, PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200 (360) 725-6000 TTY (360) 664-3631
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