PROCEDURAL SAFEGUARDS NOTICE

 

 

S 1248

HR 1350

IDEA NOW

 

 

 

``(d) Procedural Safeguards Notice._

``(1) In general._A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents only 1 time a year, except that a copy also shall be given to the parents_

``(A) upon initial referral or parental request for evaluation;

``(B) upon registration of a complaint under subsection (b)(6);

``(C) at any individualized education program meeting required in accordance with subsection (k)(1); and

 

``(D) upon request by a parent.

`(d) PROCEDURAL SAFEGUARDS NOTICE-

`(1) IN GENERAL- A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents, at a minimum--

`(A) upon initial referral or parental request for evaluation;

`(B) annually, at the beginning of the school year; and

`(C) upon written request by a parent.

(d) PROCEDURAL SAFEGUARDS NOTICE-

(1) IN GENERAL- A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents, at a minimum --

(A) upon initial referral for evaluation;

(B) upon each notification of an individualized education program meeting and upon reevaluation of the child; and

(C) upon registration of a complaint under subsection (b)(6).

 

 

 

``(2) Contents._The procedural safeguards notice shall include a full explanation of the procedural safeguards, written in the native language of the parents, unless it clearly is not feasible to do so, and written in an easily understandable manner, available under this section and under regulations promulgated by the Secretary relating to_

``(A) independent educational evaluation;

``(B) prior written notice;

``(C) parental consent;

``(D) access to educational records;

`(2) CONTENTS- The procedural safeguards notice shall include a description of the procedural safeguards, written in the native language of the parents, unless it clearly is not feasible to do so, and written in an easily understandable manner, available under this section and under regulations promulgated by the Secretary relating to--

`(A) independent educational evaluation;

`(B) prior written notice;

`(C) parental consent;

`(D) access to educational records;

(2) CONTENTS- The procedural safeguards notice shall include a full explanation of the procedural safeguards, written in the native language of the parents, unless it clearly is not feasible to do so, and written in an easily understandable manner, available under this section and under regulations promulgated by the Secretary relating to --

(A) independent educational evaluation;

(B) prior written notice;

(C) parental consent;

(D) access to educational records;

``(E) opportunity to present complaints, including the time period in which to make those complaints;

`(E) opportunity to present complaints;

(E) opportunity to present complaints;

``(F) the child's placement during pendency of due process proceedings;

``(G) procedures for students who are subject to placement in an interim alternative educational setting;

``(H) requirements for unilateral placement by parents of children in private schools at public expense;

`(F) the child's placement during pendency of due process proceedings;

`(G) procedures for students who are subject to placement in an interim alternative educational setting;

`(H) requirements for unilateral placement by parents of children in private schools at public expense;

(F) the child's placement during pendency of due process proceedings;

(G) procedures for students who are subject to placement in an interim alternative educational setting;

(H) requirements for unilateral placement by parents of children in private schools at public expense;

``(I) mediation;

`(I) mediation, early dispute resolution, and voluntary binding arbitration;

(I) mediation;

``(J) due process hearings, including requirements for disclosure of evaluation results and recommendations;

`(J) due process hearings, including requirements for disclosure of evaluation results and recommendations;

 

 

(J) due process hearings, including requirements for disclosure of evaluation results and recommendations;

``(K) State-level appeals (if applicable in that State);

 

(K) State-level appeals (if applicable in that State);

``(L) civil actions, including the time period in which to file such actions; and

``(M) attorney's fees.

`(K) civil actions; and

`(L) attorneys' fees.'.

(L) civil actions; and

(M) attorneys' fees.