Parent’s Notice of Procedural Safeguards Notice: What is it and why is it important?
If you have a child who has been referred for or receives special education, you should have received a copy of, or link to, the Parent’s Notice of Procedural Safeguards from your school district. Many parents who are starting their special education journey are overwhelmed with the amount of information being given to them and file the Notice in a drawer, possibly never looking at it again until next year’s copy arrives. This was my experience starting out many years ago. What parents should know is the Notice is an important component of the special education process that represents many of the rights and protections afforded to them and their child, including the right to be involved in the planning of their child’s education.
Before I discuss what types of safeguards are provided in the Notice, it’s important to understand what “procedural” means. According to the Notice, “Procedural safeguards are the specific rules that make sure that you know what the school district is proposing to do (‘receive notice’), agree with the school district’s plan (‘give parental consent’) and have a range of opportunities for resolving disagreements with the school district (‘due process’).” In other words, these safeguards pertain to the rules, or procedures, a school district must follow in order to ensure informed parental participation.
There are too many procedural safeguards to list in this article but a few are more commonly referenced than others, which I will briefly explain along with some helpful tips. For a complete list and further explanation, please visit www.doe.mass.edu/sped/prb/.
Review of your child’s educational records:
You and your child (14 yrs. old or older) have a right to look at and request a copy of their educational record. This includes health records, tests, evaluations, discipline records, formal and informal correspondence, and teacher to teacher notes. The information in the file is confidential and may not be shown to anyone other than teachers and educational staff without your consent. The school may charge a small fee for reproduction of the file so ask to be notified immediately if this is the case.
Parent’s also have the right to request to meet with the appropriate school personnel to explain the records. Having an outside representative such as an advocate, consultant, or attorney review and interpret their child’s record can also be helpful and will require specific, written informed consent.
Advocate Tip: You have a right to look at any and all of your child’s records 10 days after your initial request (put your request in writing) and before any IEP meeting or due process hearing.
Parental Consent:
Before the school district gives your child a special test or service, they must obtain your written consent on the provided form and clearly explain what they are proposing. You aren’t required to give consent and you may revoke your consent in writing at any time. However, the withdrawal of the consent only applies to future actions, not to something that has already been done. The school district cannot use your refusal to consent to one service as a reason to deny you or your child another service.
Advocate Tip: The school district has 5 school days from your initial request (again, your requests should always be in writing) to send a consent to evaluate form (N1A) to parents.
Prior Written Notice (PWN):
Despite the misleading title, you will receive the PWN after the school district has proposed, or refused, to take steps to identify, evaluate, provide special services or change your child’s program. In Massachusetts, our PWN is referred to as the N1 (Proposal to Act) form. See a link to this form and others at www.doe.mass.edu/sped/iep/eng_toc.html. The PWN must describe what the school proposes or refuses to do, explain why they are taking this action, describe how they came to that decision, any other options that your child’s IEP (Individualized Education Program) Team considered and the reasons why those options were rejected.
Prior Written Notice also requires the school district to provide notices in your native language or other method of communication you use, unless it is clearly not feasible to do so.
Advocate Tips: According to federal law, “the school district must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English”. If you need an interpreter, request one in writing well in advance of your next meeting.
During an IEP meeting, a parent or advocate can specifically ask the team chair to document their request and the school’s response on the N1 as a record, eg. additional related services such as OT or a change to an IEP goal. PWN is a very important tool for parents and should be reviewed carefully when received to make sure your requests and the school’s responses were captured.
Requesting an Independent Educational Evaluation (IEE)
An IEE is an evaluation conducted by an independent, qualified examiner who is not employed by your child’s school district. You have the right to request an IEE for your child at public expense if you disagree with the school district’s evaluation (psychological, speech and language, OT, etc.). If you request an IEE, the school district must provide you with information about where you may obtain an IEE and about the state requirements that apply.
Advocate Tip: Parents are not required to use the providers recommended by the school district. You may be bound by state rates for the evaluation you are requesting an IEE paid at public expense. You can acquire a IEE paid at private expense at any time. Once you share any new reports or evaluations with the school, they are required to reconvene the Team within 10 schools days. The school is required to considerthe recommendations of an independent evaluation.
Opportunities for Resolving Disputes
The Notice provides numerous opportunities to resolve the disagreements relating to the identification, evaluation, educational placement of a student with a disability, or the Free and Appropriate Public Education (FAPE) services provided to the student. Your child will remain in his or her current program and placement during any dispute process, unless you and the school district agree otherwise or your student’s placement is changed due to discipline. The avenues for resolution include contacting your child’s principal or special education administrator (this should be done in writing), contacting Problem Resolution System (PRS) to file a complaint, mediation, or due process. You can read more about each of these options at visit www.doe.mass.edu/sped/prb/.
As I mentioned, the Notice of Procedural Safeguards is often overlooked by parents but contains very helpful guidance on what is required procedurally by their child’s school. I would recommend reviewing it periodically to refresh your memory of the protections it provides. If you have questions, contact the MA DOE Special Education department at 781-338-3375, visit them www.doe.mass.edu/sped/ or contact a special education advocate.
Jennifer Warren is a Special Education Advocate working in the Merrimack Valley and beyond. She has advocated for her own son for ten years. She is not an attorney and does not give legal advice. You can learn more about Jennifer’s services atwww.warrenadvocacy.comor call her at 978-219-4463 for a free 30 min. phone consultation.