Procedural Safeguards In Special Education

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Parents of children with disabilities play a key role in their child’s education and in protecting their rights. Designed to aid in this process, procedural safeguards exist to protect the legal rights of the child and their parents and to give families and school systems several mechanisms by which to resolve their disputes. The Individuals with Disabilities Education Act, IDEA, is the federal law ensuring that all children with qualifying disabilities have the opportunity to receive publicly funded special education services. Within IDEA lies the procedural safeguards. According to the Parent and Child Rights in Special Education Procedural Safeguards Notice, these safeguards: inform the parent of the requirements set by federal regulations…show more content…
It is vital to protect the rights of children’s with disabilities and these safeguards aid in doing so. Within them the rights and responsibilities of parents, children, agencies, and the school district, are outlined in detail. They protect children and families by making sure each component is explained within their native language and in their preferred mode of communication. They are also protected by making sure that parents are always well informed on what the school is proposing or refusing to do, as early as possible so that parents can participate in the school’s proposed actions or respond to its refusals. The procedural safeguards also lay out every procedure within special education, so that parents and the school district know exactly what steps must be taken. Children and families are also protected by a section of the safeguards containing information and steps for a due process hearing. School districts can be taken to due process for a variety of things, such as, failing to secure services in a timely manner, denying service based on cost, or committing procedural violations. Due process is extremely important to families because it addresses issues related to evaluation, identification, placement, and FAPE. This allows for parents to protect their child’s right to an education and to make sure procedures are being properly executed. These procedural safeguards are so important because they ensure every person within the special education process is being treated fairly and with positive intentions. They enable parents to feel empowered and to play a vital role within protecting their child’s rights and making sure their child is receiving the best supports and services. Without these safeguards, parent’s opinions on what their child needs and deserves could be
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