Raven's Guide to Special Education

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

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Regulations - 4

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

Procedural safeguards

Initial evaluation

1. The school must conduct a full and individual initial evaluation before initially providing special education and related services to a child with a disability.
   
2. The school must assess the child in all areas related to the suspected disability and ensure that the tests and other evaluation methods used are:

1. Presented in the child's native language unless it is unreasonable to do so.
2. Valid for the specific purpose for which they are used, assess specific areas of educational need, and accurately reflect what is intended to be measured, rather than impaired sensory, manual or speaking skills, unless these skills are intentionally being measured.
3. Administered by trained personnel according to the test publisher's instructions.

3. Evaluations must include information relevant to a student's participation in the general curriculum.
   
4. A multidisciplinary team, including someone with knowledge in the area of suspected disability, must conduct the evaluation.

Independent evaluation

1. If parents disagree with the evaluation conducted by the school, they may obtain an independent evaluation at public expense. (An independent evaluation is one conducted by a qualified examiner not employed by the school.)
   
2. If requested, the school must give the parents information about where they may obtain an independent evaluation.
   
3. The school may initiate a hearing to show that its evaluation is appropriate. If the evaluation is found to be appropriate, the school does not have to pay for the independent evaluation.
   
4. The school must consider a parent-initiated private evaluation when making placement and program decisions.

Re-evaluation

1. Every three years, the school must review existing evaluation data on the child to determine whether the child needs a re-evaluation.
   
2. The school  must conduct a re-evaluation if the child's parents or teacher requests it.
   
3. The school must give parents prior written notice of a re-evaluation and must make reasonable attempts to obtain parental consent prior to conducting a re-evaluation.

Parent-initiated placements in private schools

1. If parents place their child in a private education facility, the school is not financially responsible if it offered an appropriate placement and services. Disagreements of this nature are subject to due process procedures. A court or hearing officer will determine financial responsibility, and the school will either comply or take legal action to contest the decision.
2. If the child is designated by the school to receive special education and related services, the school must develop a services plan for the child.
3. When FAPE is not an issue, the school is not responsible for providing special education and related services for a disabled child placed in a private school by the child's parents.

Surrogate parent

1. State educational agencies must establish procedures to protect the rights of a disabled child whose parents or guardians are unknown, unavailable, or if the child is a ward of the state. The procedures must include a way to decide if the child needs a surrogate parent and a way to assign a surrogate parent to the child.
   
2. The surrogate parent must have no interest that conflicts with the child's interest, must have knowledge and skills that ensure adequate representation of the child, and must not be employed by any school or agency involved in the education or care of the child.
   
3. The surrogate parent may represent the child in all matters concerning the child's education.

Transfer of parental rights at age of majority

1. When a student with a disability reaches the age of majority under State law, all rights accorded to parents transfer to the student except in the case of a child with a disability who is legally determined to be incompetent to make such decisions for himself or herself and for whom legal guardianship or conservatorship is required beyond the age of majority. In those instances, the legally established guardian or conservator shall maintain the rights.
   
2. The school must provide prior written notice to both the student and the parents of the transfer of rights.
   
3. All rights accorded to parents transfer to students who are incarcerated in an adult or juvenile, State or local correctional institution.

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