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Why are procedural safeguards important? How do they help ensure access to a FAPE?

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A biological or adoptive parent, a foster parent, a guardian who is authorized to act as a child's parent, an individual acting in place of the biological parent, and a surrogate parent.

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Parents are essential partners in special education and legally required members of the IEP team.

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In essence, the eight entitlements under IDEA were established to afford parents the opportunity to...

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In essence, the eight entitlements under IDEA were established to afford parents the opportunity to...

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A) access and evaluate school-collected data on their child. B)participate in decision-making. C) Understand their legal rights.

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Eight major legal rights allowing parents to participate in the IEP process.

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Eight major legal rights allowing parents to participate in the IEP process.

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1. The right of parents to receive a complete explanation of all the procedural safeguards available under IDEA and the procedures in the state for presenting complaints.

2. Confidentiality and the right of parents to inspect and review the educational records of their child.

3. The right to participate in meetings related to the identification, evaluation, and placement of their child.

4. The right to obtain an independent educational evaluation of their child.

5. The right to receive prior written notice on matters relating to the identification, evaluation, or placement of their child.

6. The right to give or deny their consent before the school may take certain actions with respect to their child.

7. The right to disagree with decisions made by the school district.

8. The right to use IDEA mechanisms for resolving disputes, including the right to appeal determinations.

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Parents' Rights in Special Education| Special Education Essentials

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IDEA is comprised of procedural and substantive requirements. The relation between parent participation and FAPE is no different.

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Procedural requirements of parent participation. Step One.

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Procedural requirements of parent participation. Step One.

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First step, is notification. Schools must ensure one or both parents are present at the IEP meeting. Since the federal regulation does not mention a specific timeline you must notify the parents in, schools need to provide documentation and evidence that they did attempt to reach out to the parents. Some documentation include, records of telephone calls, copies of correspondence and any responses received, and records of visits made by the parent.

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Procedural requirements of parent participation. Step Two.

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Procedural requirements of parent participation. Step Two.

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The second step is allowing the parents to have access to records and data. Parents have the right to be given their child's performance data. Parents should also receive a draft of the IEP meeting.

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Procedural requirements of parent participation. Step Three.

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Procedural requirements of parent participation. Step Three.

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Step three is informing parents of their legal rights by providing procedural safeguards, which is the sixth pillar of special education.

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Special education would not be what it is today without parental advocacy.

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This case took place in 2013, Doug was a father to an 18 year old boy in the Special Education program. He was in a private special education school since he was in 5th grade. He was due for an IEP meeting, reaching out to Doug for when it fit his schedule. Meeting were proposed Doug could not attend, one was decided he got really sick had to cancel, they proposed two more days, none the which worked for Doug. His IEP review was due so they offered via telephone but Doug was not comfortable with that. The school decided to hold a meeting without him, not only that but they finalized decisions to send the son to a work readiness program at a public High School. Doug denied a follow up meeting and denied the IEP they put in place. When school rejected his request, he took this to court where they ruled in favor of Doug.

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Amanda J. v. Clark County School District

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Amanda J. v. Clark County School District

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Amanda was a 3 year old girl who was diagnosed in CCSD with a developmental delay and began to be treated for that instance. Her mother asked for the documentation and records of Amanda. They were never sent over and time was prolonged for Amanda's mom to see. Amanda moved to California, she was diagnosed there with autism. Records from CCSD were now open to her mom in California, and she saw potential autism was in her records. Finding this out made Amandas mom file a due process hearing. The case was ruled in favor of Amanda for the withhold of records from her mom. IDEA was violated and FAPE was denied, Amanda's mom did not receive the opportunity to be an equal member of her IEP team.

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The idea to meaningfully to the bestest ability to include parents at all times.

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If circumstances call for you can look into alternative meeting options, something over technology. In this chapter they mention some good formats to consider when setting up a Alternative Meeting:

Use parents preferred means of communication (Zoom, phone, Skype, Facetime, etc)

Test method of communication before

Have a backup plan in case of problem during meeting

Make sure there is a clearly marked draft IEP available to the parents prior to the meeting.

Since you are not face to face, periodically remind the team to introduces themselves before speaking.

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It is so important that an IEP team works hard to consider every point made by parents. Recognize what they say and value that. There are instances that the parents input will not be in the IEP and not be implemented. But they are just as important and offer alot of information the IEP team at school may not see.

Making sure that parents feel comfortable to ask questions and they are given the space to ask any questions. If their is not an answer to the question, then lets dig as a team to see what we can figure out.

Support for the parents is also valuable, this may be a new journey for them or just even a hard journey no matter what. Being someone they can contact at all times is important, this process doesn't stop before or after the meeting.

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Look on page 48, there is 4 spaces to follow. There are links that take you straight there. Very valuable information for both sides of the IEP team!

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Procedural Safeguards were applied to the IDEA to ensure that parents have the chance to give meaningful input to the decisions that are made regarding their child's education. These safeguards also guarantee that it is the parents right to question and want to review and of the decisions that they believe are inappropriate.

The Supreme Court has also stated that the procedures in an IEP must emphasize collaboration between educators and parents.

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Prior Written Notice (PWN) and Consent.

Receiving parental consent is a very important procedural safeguard.

Parents will receive a prior written notice (PWN) before any major decisions are made regarding their child.

PWN ensures that parents are informed of the services their child is getting and it keeps the parents aware of what their rights are.

Access to records.

As members of the IEP team, parents have the right to see and review records of identification, evaluation, placement, and provision of FAPE for their child.

After a parents request for records the school must comply within 45 days.

With written permission, parents can have attorneys review records.

Independent Educational Evaluations.

Parents have the right to request that the school evaluate their child to find out if they have a disability and are qualified for SPED services.

If parents believe the evaluation done by the school district wasn't done properly or do not agree with the results then they can also have an independent educational evaluation (IEE) done.

If parents request the school district to pay for an IEE, the school can file for a due process hearing seeking that they do not have to pay.

Dispute Resolution Procedures.

If a parent believes that a school has not followed IDEA procedures, or disagrees with the evaluation or placement of their child they can file complaints that follow dispute resolution mechanisms that are in the IDEA.

The routes parents can take in this event are voluntary mediation, state complaint, and due process hearings.

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Within the IDEA, the safeguards have the following components.

1. Prior written notice and consent requirements

2. Access to relevant records.

3. Independent educational evaluation.

4. Dispute resolution procedures.

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What do parents bring to the IEP team compared to other members? What are some ways we can support parents throughout the IEP process?

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Procedural safeguards are directly linked to FAPE by ensuring that students with disabilities and their families have a voice and means to enforce their educational rights. They are designed to protect students and parents from potential violations of these rights and provide a fair and equitable process for resolving disputes. Without effective procedural safeguards, FAPE could be compromised as students and their families might be unable to challenge decisions that impact the provision of appropriate education and services.

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The Individuals with Disabilities Education Improvement Act of 2004 is the federal law that outlines the procedural safeguards for students with disabilities. It mandates that all states that receive federal funds for special education services must establish these safeguards to protect the rights of students and their parents.

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Endrew F. v. Douglas County School District (2017)

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Endrew F. v. Douglas County School District (2017)

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Although not solely focused on procedural safeguards, this case reinforced the IDEA's requirement to provide more than a minimal educational benefit to students with disabilities. The case contributed to the broader understanding of FAPE within the context of the law.