Article 7 and Procedural Safegaurds

Procedural Safeguards

Article 7, Indiana's special education law, provides procedural safeguards for the parent(s) and students that are designed to promote parental participation, ensure that students with disabilities are provided a free appropriate public education (FAPE), and provide a means of resolving disagreements. Procedural safeguards have been referred to as the “rights and responsibilities” of the parent(s) and schools.

The school must provide the parent(s) a copy of the Notice of Procedural Safeguards at least once a year and whenever:

  • A student is referred for an initial evaluation,
  • A parent requests an evaluation,
  • A parent files a complaint (only the first complaint in the school year is required),
  • A parent requests a due process hearing (only with the first hearing request in the school year),
  • A disciplinary change of placement is made or recommended, and
  • A parent requests a copy of the Notice.

The Notice of Procedural Safeguards contains information about:

  • The parent's right to written notice before the school can take certain action;
  • The situations in which the school must obtain the parent's written consent before taking certain action ;
  • The parent's right to request an evaluation;
  • The parent's right to a copy of the initial educational evaluation report prior to the case conference committee (CCC);
  • The procedural safeguardsaffirm the right of the student's parent(s) to be fully informed, to participate in the process, to receive prior notice and provide consent, to have any information that could personally identify the student held in confidence, to examine all relevant records, and to a timely and impartial resolution of disputes.
  • The parent's right to a meeting with school personnel to discuss the initial educational evaluation report prior to the CCC;
  • The parent's right to participate as a member of the CCC;
  • The parent's rights regarding the student's educational record;
  • The transfer of rights to the student at 18 years of age;
  • The parent's right to access complaints, mediation, and due process hearings;
  • The requirements for a parent's unilateral placement of a student with a disability in a private school;
  • The protections and procedures for students who are subject to certain disciplinary actions. This includes protections for those students who are being evaluated but have not yet been determined eligible for special education;
  • The school's reporting of crimes allegedly committed by a student with a disability

The following link is to the Indiana Department of Education and copies of Article 7 and procedural safeguards (Parent Rights). Copies are available in both English and Spanish.

http://www.doe.in.gov/specialed/laws-rules-and-interpretations

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