Procedural Safeguards

Procedural safeguards protect the rights of parents and students. These safeguards include parental consent for evaluations, re-evaluations, release of information, and placement of a child with a disability in a special education placement. The Southern York County School District must notify parents when special education services are changed or discontinued or when parent requests for an evaluation, an independent evaluation, or a change in an IEP are refused. Safeguards also include dispute resolution procedures, such as the right to pre-conference meetings, mediation, or impartial due process hearings. Such requests are made on a Notice of Recommended Educational Placement form or by letter. A full explanation of procedural safeguards is given in the “Procedural Safeguards Notice” which is available upon request by calling the Special Education Office at 717-235-4811, Extension 7229.

All communications regarding special education services are provided in English or, if necessary, in other languages solely used by parents.  If a person does not understand any written information, further explanation may be requested by contacting the school district.  When necessary, the District will also arrange for an interpreter for parents with limited English proficiency, or if a parent is deaf or blind or has no written language, the school district will arrange for communication in the mode normally used by the parent (e.g. sign language, Braille, or oral communication).

For more information, contact the Director of Special Education, Southern York County School District, 235-4811, extension 7229.

PROCEDURAL SAFEGUARDS NOTICE

BUREAU OF SPECIAL EDUCATION’S CONSULTLINE,  A PARENT HELPLINE 800-879-2301

ConsultLine personnel are available to parents and advocates of children with disabilities or child thought to be disabled to explain federal and state laws relating to special education; describe the options that are available to parents; inform the parents of procedural safeguards; identify other agencies and support services; and describe available remedies and how the parents can proceed.

Additional Resources appear at the end of this notice.

The Individuals with Disabilities Education Act (IDEA), the Federal law concerning the education of students with disabilities, requires the Local Education Agency (LEA) to provide parents of a child with a disability with this notice containing a full explanation of the procedural safeguards available under the IDEA and the U.S. Department of Education regulations. A copy of this notice must be given to parents only once a school year, or:

(1) upon initial referral or parent request for evaluation; (2) upon filing by parents of their first State complaint under 34 CFR §§300.151 through 300.153 and upon filing by parents of their first due process complaint under §300.507 in a school year; (3) when a decision is made to take a disciplinary action that constitutes a change of placement; and (4) upon parent request. [34 CFR §300.504(a)]

This procedural safeguards notice must include a full explanation of all of the procedural safeguards available under §300.148 (unilateral placement at private school at public expense),

§§300.151 through 300.153 (State complaint procedures), §300.300 (consent), §§300.502 through 300.503, §§300.505 through 300.518, and §§300.530 through 300.536 (procedural safeguards in Subpart E of the Part B regulations), and §§300.610 through 300.625 (confidentiality of information provisions in Subpart F). This model form provides a format that LEAs may choose to use to provide information about procedural safeguards to parents.