Procedural Safeguards

  • The Individuals with Disabilities Education Act (IDEA), the federal law concerning the education of students with disabilities, and the Regulations of the Rhode Island Board of Regents for Elementary and Secondary Education Governing the Education of Children with Disabilities, requires schools to provide you, the parents of a child with a disability, with a notice containing a full explanation of the procedural safeguards (your rights) available under the Individuals with Disabilities Education Act and Rhode Island Department of Education regulations.

     

    A copy of the procedural safeguards notice must be given to you one time per school year and also:

    1. Upon initial referral or parent request for evaluation. 
    2. Upon receipt of the first State complaint under §§ 300.151 through 300.153 and upon receipt of the first due process complaint under § 300.507 in a school year.
    3. When a decision is made to take a disciplinary action against your child that constitutes a change of placement and 
    4. Upon your request.

     

    The school district may place a copy of its procedural safeguards notice on its internet website if a web site exists. In addition a copy of the model procedural safeguards form is available at www.ride.ri.gov (clicking on this link will take you outside of ProvidenceSchools.org).

     

    This procedural safeguard notice includes a full explanation of all of the procedural safeguards available under:

    • State Complaint Procedures.
    • Parental Consent.
    • IEP and Prior Written Notice.
    • Mediation, Due Process Complaints, Resolution Process and Impartial Due Process Hearing.
    • Procedural Safeguards.
    • Unilateral Placement of a Child in a Private School at Public Expense.
    • Confidentiality of Information.

     

    Your rights under the Individuals with Disabilities Education Act and Rhode Island Regulations Governing the Education of Children with Disabilities transfer to your child when your child reaches age 18 unless another legal determination is made. Written notice, as explained in this document, will be provided to both you and your child after the child turns 18 (§300.520).

     

    If you would like more information or have any questions or concerns about your rights, the rights of your child, or the Individuals with Disabilities Education Act please contact the Rhode Island Department of Education Call Center at (401) 222-8999 or contact your district Administrator of Special Education directly.

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