Procedural Due Process under the Individuals with Disabilities Education Act (IDEA) Rights of the Parents: Notifications

Under the Individuals with Disabilities Education Act (IDEA), parents receive various types of notifications to keep them informed and involved in decisions related to their child's education. These notifications ensure transparency and provide parents with the necessary information to participate actively in the educational process. Here are the key types of notifications provided under IDEA:

Prior Written Notice: Schools must provide parents with written notice whenever they propose or refuse to initiate or change the identification, evaluation, educational placement, or the provision of a Free Appropriate Public Education (FAPE) for their child.

This notice must include:

• A description of the proposed or refused action.

• An explanation of why the action is being proposed or refused.

• A description of any other options considered and the reasons those options were rejected.

• A description of each evaluation procedure, assessment, record, or report used as a basis for the decision.

• A statement that parents have protection under IDEA’s procedural safeguards and how to obtain a copy of these safeguards.

• Sources for parents to contact for help in understanding these provisions.

Notice of Procedural Safeguards: Parents must receive a written notice explaining their rights under IDEA, known as the procedural safeguards notice. This document must be provided at least once a year, and additionally:

• Upon initial referral or parental request for evaluation.

• Upon the first occurrence of the filing of a due process complaint.

• Upon request by a parent.

• The notice includes information on parental rights related to consent, access to educational records, dispute resolution options, and other protections.

Notice of Meetings: Schools must provide parents with prior notice of meetings related to their child’s identification, evaluation, educational placement, or the provision of FAPE. This includes Individualized Education Program (IEP) meetings. The notice must be provided early enough to ensure that parents have the opportunity to attend and participate.

Notice of Evaluation Results: After an evaluation of the child, the school must provide parents with a copy of the evaluation report and the documentation of the determination of eligibility. This notification helps parents understand the basis for the school's decisions regarding their child's educational needs and services.

Notice of Parental Rights and Procedural Protections:

This notice informs parents of their rights and the procedural protections available to them under IDEA. It includes information about the right to review educational records, the right to request an independent educational evaluation (IEE), and the right to participate in meetings and decision-making processes.

Notice of Transfer of Rights at Age of Majority: When a student with a disability reaches the age of majority (usually 18), all rights under IDEA transfer from the parents to the student, unless the student has been determined incompetent. The school must provide notice of this transfer of rights to both the student and the parents.

These notifications are designed to ensure that parents are fully informed and can participate actively in their child's education, providing a framework for collaboration between parents and schools.