Explanation of Procedural Safeguards Available to Parents of Students with Disabilities

This statement of parent rights was developed by the United States Department of Education, Office of Special Education Programs, and modified by the Illinois State Board of Education (ISBE) to comply with Illinois rules.

As the parent of a student who is receiving or may be eligible to receive special education and related services, you have rights which are safeguarded by state and federal law. The rights to which you are entitled are listed below. A full explanation of these rights is available from your child's school district. Please review this document carefully and contact the district if you have questions or need additional clarification regarding your child's services or the procedural safeguards available to you.

This statement must be provided to you, at a minimum, upon initial referral for evaluation, upon each notification of and I E P meeting, upon reevaluation of your child, and upon registration of a complaint.

Prior Notice to Parents

The local district is required to provide the parent of a student with a disability with prior written notice:

1. When the district proposes to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free, appropriate public education to a student; or

2. When the district refuses to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free, appropriate public education to a student.

The written notice must be provided at least 10 days prior to the proposed or refused action and must include:

1. A description of the action proposed or refused by the district, and explanation of why the district proposes or refuses to take the action, and a description of any other options the district considered and the reasons why those options were rejected;

2. A description of each evaluation procedure, test, record, or report the district used as a basis for the proposed or refused action;

3. A description of any other factors which are relevant to the district's proposal or refusal;

4. A statement that the parent of a student with a disability has due process rights and, if the notice is not an initial referral for evaluation, the means by which a copy of the description of procedural safeguards can be obtained; and

5. Sources for the parent to contact to obtain assistance in understanding his/her due process rights.

The notice must be written in language understandable to the general public and provided in the native language or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the ISBE or local district shall take steps to insure that the notice is translated orally or by other means to the parent in his/her native language or other mode of communication, that the parent understands the content of the notice, and that there is written evidence that these requirements have been met.

(more to come)