Procedural Safeguards

The Individual with Disabilities Education Act (IDEA), the Federal law concerning the education of students with disabilities, requires schools to provide parents of a child with a disability with a notice containing a full explanation of the procedural safeguards available under the IDEA and U.S. Department of Education regulations. A copy of this notice must be given to parents only one time a school year, except that a copy must be given to the parents:

  1. Upon initial referral or parent request for evaluation.
  2. Upon receipt of the first State special education complaint under 34 CFR 300.151 through 300.153 (OAR 581-015-2030) and upon receipt of the first due process hearing request under 300.507 (OAR 581-015-2345) in a school year.
  3. When a decision is made to take a disciplinary action against your child that constitutes a change of placement.
  4. Upon your request.

All of the rights in this document relate to Part B of the IDEA. Part B includes children from age three years (3) to twenty-one years (21). Oregon Department of Education also publishes notices of procedural safeguards for adult students ages eighteen years to twenty-one years (18 – 21) and for children ages birth – five years (1 day – 5) in Early Intervention/Early Childhood Special Education (EI/ECSE) programs.

This Notice of Procedural Safeguards also applies to parents whose children with disabilities attend any Oregon charter school. Under Oregon law, the district in which the charter school is located is responsible for special education.