Procedural Safeguards

If you are a parent of a child who has a disability that interferes with his or her education, or if your child is suspected of having such a disability, this handbook will serve as a valuable resource for your child’s education.
A Guide to Parent Rights in Special Education boils down language of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) to main points that will help you be an effective partner in your child’s education. This guide has been prepared by the Ohio Department of Education’s Office for Exceptional Children (ODE/OEC).

This ODE publication can tell you how you can work with your local school district and other public agencies to determine whether your child has a disability. It also outlines steps for going on to determine whether that disability qualifies your child for special education and related services.

Also referred to as your “procedural safeguards notice,” this publication establishes your right to a “free appropriate public education” (FAPE) for a child with a qualifying disability under special education law. It tells you how special education services are provided and also lists resources you may contact for assistance.

NOTE: This guide for parents summarizes the state’s special education rules in Chapter 3301-51 of the Administrative Code, Operating Standards for Ohio Educational Agencies Serving Children with Disabilities. The guide does not include all provisions of the rules and does not provide legal advice or legal interpretations of the rules. Refer to the operating standards which are posted on the Ohio Department of Education’s (ODE’s) Web site, education.ohio.gov, keyword search: Operating Standards Disabilities, for the complete rules. Also consult with your attorney for legal advice or legal interpretations. The operating standards are based on state law (Chapter 3323 of the Revised Code), federal law (Individuals with Disabilities Education Improvement Act of 2004) and federal regulations (34 Code of Federal Regulations Part 300) for the education of children with disabilities. These resources are posted on the webpage linked below.
http://education.ohio.gov/Topics/Special-Education/Federal-and-State-Requirements/Procedures-and-Guidance/Procedural-Safeguards

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