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PROCEDURAL SAFEGUARDS: SURROGATE PARENTS, NOTICE AND PARENTAL CONSENT - Regulations
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2. Revise requirements regarding when the procedural safeguards notice must be provided to parents.
A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, except that a copy also must be given to the parents:
[34 CFR 300.504(a) and (b)] [20 U.S.C. 1415(d)(1)]
A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, except that a copy also must be given to the parents:
- Upon initial referral or parent request for evaluation;
- Upon receipt of the first State complaint under 34 CFR 300.151 through 300.153 and upon receipt of the first due process complaint under 34 CFR 300.507 in a school year;
- In accordance with the discipline procedures in 34 CFR 300.530(h) (...on the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must ... provide the parents the procedural safeguards notice); and
- Upon request by a parent.
[34 CFR 300.504(a) and (b)] [20 U.S.C. 1415(d)(1)]
Dialogue Starter - Cross-stakeholder
Reaction Questions
- How will this impact practice?
Application Questions
- How will parents be informed of these changes?
- What information and assistance might families need from LEAs and schools to understand these procedures?
These questions were developed by the following stakeholders working together:
Role: Teacher
Location: West Virginia
Role: Family Member
Location: New Jersey
Role: General Education Administrator
Location: California
Role: Higher Education
Location: Indiana
Role: Administrator
Location: Illinois
Role: Special Education Administrator
Location: Kentucky