Raven's Guide to Special Education

Comprehensive information about special education regulations,
procedures, evaluations, programs, and disabilities

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Regulations - 3

Section 504 | FERPA | PL 94-142 | Infants & Toddlers With Disabilities Program
IDEA 1990 | IDEA 1997 | IDEA 2004 | Procedural safeguards

Procedural safeguards

Student records and confidentiality

1. Student records must be maintained and released in accordance with the regulations in the Family Educational Rights and Privacy Act (FERPA) of 1974.
2. Information collected, maintained, or used by the school regarding special education students must be kept confidential.
3. The parents of a student in a special education program have the right to be informed of all records concerning their child that are being held or used by the school and where those records are located.
4. Parents have the right to request a list of the types and locations of their child's educational records and a list of any parties who have accessed information in those records.
5. The school must maintain, for public inspection, a current listing of the names and positions of school employees who may have access to student records, and the school must keep a record of the name of each person obtaining access to records, the date access took place, and the purpose of the authorized use.
6. Parents or their representative have the right to inspect, review and obtain copies of the records, and ask for an explanation and interpretation of the records.
7. If any educational record includes information on more than one student, the parents may inspect and review only the information relating to their child.
8. Parents may ask to amend any record they think is inaccurate, misleading or in violation of their child's privacy rights. They have the right to a hearing if the school refuses to accept the requested amendment.
9. Parents may withhold consent to disclose their child's records, and they have the right to know to whom information has been disclosed.
10. Parents must be informed before their child's records are destroyed.

Prior written notice

1. The school must give parents prior written notice before deciding to take action or refusing to take action regarding the identification, evaluation or placement of their child or the provision of a free appropriate public education to the child.
   
2. The notice must be written in language understandable to the general public, if feasible must be in the parent's native language, and must include a full explanation of the parent's procedural safeguards.
   
3. The notice must describe and explain the school's action or refusal to act, the options considered, and why the school rejected other options.
   
4. The school must notify parents of each evaluation procedure, test, record or report used as a basis for its action.
5. The notice must include a statement that the parents have procedural safeguards protection and if the notice is not an initial referral for evaluation, the means by which a copy of the description of the procedural safeguards can be obtained, and sources for parents to contact to obtain assistance in understanding their procedural safeguards.
6. The school must provide a copy of the procedural safeguards one time a year, except that a copy also will be given: (1) upon initial referral for evaluation; (2) upon the first occurrence of the filing of a due process hearing request; and (3) upon the parent's request.

Parental consent

1. The school must obtain written parent consent before conducting an initial evaluation or initially placing a child in a special education program. Consent for initial evaluation may not be construed as consent for initial placement.
   
2. The school must fully inform the parents of all information pertinent to the activity for which consent is requested.
   
3. Parents may withhold their consent or revoke it at any time.
   
4. If the parents refuse to give consent, the school may initiate a due process hearing or follow other applicable state laws to determine if the child may be evaluated or initially provided special education services.
5. Reviewing existing data as part of evaluation or reevaluation and subsequent placements do not require consent and consent for additional testing need not be obtained if the school can demonstrate that it had taken reasonable measures to obtain parent consent and the parents failed to respond.

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Raven's Guide to Special Education © 1994 - 2011. Richard Flagle. All rights reserved.