Procedural Safeguards
The due process complaint must allege a violation that occurred no more than two years before the date of the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint, or, id the State has an explicit time limitation for filing a due process complaint in the time allowed by that State law, except the exceptions to the timeline.
What Does Procedural Safeguards Mean?
This is a due process complain which includes:
How Does Procedural Safeguards Relate to the Other Principles?
Since parents are involved in all the other principles, there are procedural safeguards in place in order to protect parental rights in each aspect.
Source: The Law and Special Education by Mitchell L. Yell
What Does Procedural Safeguards Mean?
- If the parents believe that a school district has not followed the procedures or if they disagree with actions involving identification, evaluation, or placement of the child the parents may follow a set of dispute resolution mechanisms.
- Due process is the most formal way to handle special education concerns.
- This case is heard in front of an administrative law judge.
- Each party has the right to appeal what the judge has decided, and can take it to Supreme Court.
- This principle applies to the students, the parents, the school district, and the LEA.
This is a due process complain which includes:
- The name of the child
- The address or residence of the child
- The name of the school the child is attending
- A proposed resolution for the problem
How Does Procedural Safeguards Relate to the Other Principles?
Since parents are involved in all the other principles, there are procedural safeguards in place in order to protect parental rights in each aspect.
Source: The Law and Special Education by Mitchell L. Yell