The Resolution Process, in Detail

September 2012This information in Spanish | Esta información en españolMany approaches exist for resolving disputes, including the formal one to be discussed now—the resolution meeting. The resolution process is a key change in IDEA, added in its 2004 reauthorization. What IDEA requires is straightforward:  The LEA must convene a resolution meeting when a parent files a due process complaint. Its purpose is to give the parties the opportunity … [Read more...]

IDEA’s Regulations on the Resolution Process

IDEA's regulations describing the resolution process are found at §300.510. Word for word, and in their entirety, these regulations are: __________________________________ §300.510 Resolution process. (a) Resolution meeting. (1) Within 15 days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing under §300.511, the LEA must convene a meeting with the parent and the relevant member … [Read more...]

Due Process Hearings

September 2012 This information in Spanish | Esta información en español NICHCY is pleased to offer you the overview below on the due process hearing as a dispute resolution option, which will include the following: Short summary Each party’s rights in the hearing Role of the hearing officer Timelines Can the hearing officer’s decision be appealed? Then go to these two separate pages for the details. These details are important … [Read more...]

The Due Process Hearing, in Detail

September 2012So–we’ve arrived at the due process hearing, a longstanding option within IDEA for resolving disputes between parents and school systems. The two parties may have reached this point after unsuccessfully trying another of IDEA’s options for dispute resolution, or they may have waived those options and gone straight to the due process hearing. Regardless, the clock is now ticking on the timeline for holding a due process hearing … [Read more...]

IDEA’s Regulations on Due Process Hearings

IDEA's final Part B regulations addressing due process hearings begin at §300.311. Word for word, and in their entirety, the regulations read:§300.511 Impartial due process hearing.(a) General. Whenever a due process complaint is received under §300.507 or §300.532, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing, consistent with the procedures in §§300.507, 300.508, and 300.510.(b) … [Read more...]

Subpart E of the Part B Regulations: Procedural Safeguards

These regulations in Spanish | Estas regulaciones en español The current page connects you with IDEA's exact words only, without explanation or commentary. Rather have a summary of IDEA's procedural safeguards? Visit the Parental Rights section of NICHCY's site. Looking for training materials on procedural safeguards? They're ready and waiting for you as Modules 17, 18, and 19 of Building the Legacy, our training curriculum on IDEA 2004. e-CFR … [Read more...]

Parental Rights under IDEA

December 2010 En español | In Spanish The federal regulations for IDEA 2004 include a section (Subpart E) called Procedural Safeguards. These safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes. The most notable procedural safeguards include those listed below. To learn more about any of these, … [Read more...]

Right to Receive a Complete Explanation of IDEA’s Procedural Safeguards

December 2010 In Spanish | En español At least one time a year, the parents of a child with a disability must receive from the school system a complete explanation of all the procedural safeguards available to them, as parents, under IDEA. This explanation is called the "Procedural Safeguards Notice." In this page, we'll examine the purpose and contents of this notice, the times that parents will receive it, and other aspects of this important safeguard. … [Read more...]

Confidentiality and Access to Student Records

December 2010 In Spanish | En español IDEA and other federal laws protect the confidentiality of your child's education records. These safeguards address the following three aspects: the use of personally identifiable information; who may have access to your child's records; and the rights of parents to inspect their child's education records and request that these be amended to correct information that is misleading or inaccurate, … [Read more...]

Right to Receive Prior Written Notice

December 2010 In Spanish | En español Parental rights under IDEA include the right to receive prior written notice from the school each time that the school proposes to take (or refuses to take) certain actions with respect to your child. Specifically, the school must provide parents with prior written notice each time that it: proposes to initiate or change the identification, evaluation, or educational placement of your child; proposes to initiate … [Read more...]

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.