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Special Education Listserv

Subject: Procedural Safeguards Notice

Source: Jackie Bruner, Director, Special Education Compliance

Intended Audience: Special education directors and other personnel

Date: April 21, 2010

With the current environment of fiscal constraints on schools, the Division has received inquiries regarding options for providing copies of the Procedural Safeguards, due to the cost of duplicating the document.  This message is being sent as a reminder of the requirements for provision of the Procedural Safeguards and what options districts have other than provision of hardcopies.

State and federal regulations implementing the Individuals with Disabilities Education Act (IDEA) only require that the Procedural Safeguards be provided to parents one time each school year, as well as:

* Upon initial referral or parent request for evaluation,

* In certain disciplinary circumstances, and

* Upon request by a parent.

IDEA regulations allow responsible public agencies to post a current copy of the Procedural Safeguards Notice on their website, and offer parents the option to elect to receive notices, including this document, by electronic mail.  Districts are encouraged to explore these options as cost- and time-saving measures.