Summary of Procedural Safeguards for Part B Of The

Individuals with Disabilities Education Improvement Act (IDEA-2004)

The Individuals with Disabilities Education Improvement Act of 2004 (IDEA-2004) and Section 504 of the Rehabilitation Act of 1973 protect students with disabilities (or suspected disabilities) from discrimination, provide procedural safeguards, and guarantee a free appropriate public education (FAPE) until graduation or the end of the school year in which a student turns 21 years of age.A copy of the (32 page) Missouri Department of Elementary and Secondary Education’s (DESE) “Procedural Safeguards Notice” for Part B of the IDEA-2004 and other relevant information may be accessed at the Division of Special Education’s website ( A copy also is available from Special School District (SSD) staff, Parkway school administrators, and the Parkway Special Services Department. The safeguards for students with disabilities and their parent/guardian include, but are not limited to:

PRIOR WRITTEN NOTICE must...

  • be provided BEFORE the districts “initiate or change the identification, evaluation, or educational placement of the child” or the provision of a free appropriate public education (FAPE) to the child OR when the districts refuse to do so in response to a parent/guardian request (i.e., for an IEP or evaluation)
  • containcertain information (e.g., action proposed/refused, rationale, options considered)
  • be in language understandable to the parent/guardian, including the native language if necessary

PARENT/GUARDIAN CONSENT…

  • must bein writing, voluntary, informed, and specific to the action for which consent is sought
  • is required before an evaluation is conducted and again prior to initial provision of special education and related services
  • may be refused and, if granted, later revoked

INDEPENDENT EVALUATION may be available…

  • when a parent disagrees with the evaluation conducted by the districts
  • atpublic expense when in accordance with SSD policy/criteria

CONFIDENTIALITY OF INFORMATION includes…

  • all “personally identifiable” information collected, maintained, or used by the districts and staff
  • following the requirements of the Family Educational Rights and Privacy Act (FERPA)
  • unless allowed by FERPA, obtaining consent prior to disclosure of personally identifiable information
  • certain requirements related to the destruction of records

ACCESS TO RECORDS includes…

  • the right to “inspect and review” all the student’s records collected, maintained or used by the districts/staff, with interpretation and copies when required
  • keeping a record of “parties obtaining access to education records” if not “authorized employees”

MEDIATION…

  • is available through DESE to resolve disagreements prior to initiating/filing for due process or holding an impartial due process hearing

Summary of Procedural Safeguards (cont.):

PARENT REQUEST TO AMEND RECORDS may…

  • be made when the parent believes education records on the child is “inaccurate, misleading, or violates the privacy or other rights” of the child
  • include the option for the parent to submit information, including from third party sources, to supplement the education record (such information must be CONSIDERED when making decisions)
  • be through procedures and/or a hearing according to FERPA

STATE COMPLAINTS…

  • may be filed in writing with DESE by any individual or organization when it is believed that there is a violation of any IDEA Part B requirement by the districts, DESE, or any other public agency
  • must be investigated, allow for additional information and responses to be submitted, and be concluded with a written decision within 60 calendar days (unless the time line is extended)

DUE PROCESS COMPLAINT PROCEDURES…

  • may be filed with DESE on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation, or educational placement or the provision of FAPE
  • must be filed within two (2) years of the “violation” (with exceptions) and contain certain information (e.g., name/address of child, school, nature of the problem, proposed resolution)
  • require that the child remain in his/her current educational placement, unless agreed otherwise, until the issue is resolved through a “resolution meeting,” mediation, or impartial due process hearing

ATTORNEY FEES…

  • may be reimbursed if a parent prevails in “any action or proceeding brought under Part B” of the IDEA

DISCIPLINE PROCEDURAL SAFEGUARDS are required…

  • when a proposed disciplinary action constitutes a “change of placement” (i.e., more than ten (10) CONSECUTIVE out of school suspension days, more than ten (10) CUMULATIVE out of school suspension days during a school year when a “pattern of removals” is created), the following apply:
  • notification of the decision and all procedural safeguards related to disciplinary actions at the time of suspension
  • a functional behavioral assessment (FBA) and development/revision of a behavioral intervention plan (BIP) under certain circumstances (i.e., when the misconduct is a manifestation of the disability)
  • a determination of whether the conduct is or is not a manifestation of the student’s disability prior to a “change of placement”
  • continued educational services (FAPE) for students with disabilities under the IDEA-2004 during long-term suspensions or following expulsion
  • an expedited hearing, with counsel if desired, when a decision regarding placement or the manifestation determination is appealed
  • “stay put” during an appeal is the interim alternative educational setting (suspension) until the hearing decision or the expiration of the suspension.

Parkway School District – March, 2011