Policy – Category 1000 (Community Relations)
BP 1001 – Procedural Safeguards
matters relating to the provision of a free appropriate public education for the student.
2.2
Procedural Safeguards
The law requires that LEAs establish procedures to protect the rights of individuals with exceptional needs and their parents or guardians. These procedures are called procedural safeguards. Parents have a right to receive a written copy of the DMSELPA procedural safeguards (DM 77). These are provided 1) when the student is being referred for an evaluation for special education services for the first time; 2) when a written notice of an IEP meeting is sent to the parent; 3) before the student is reassessed; 4) when the parent registers a complaint or requests for a mediation or hearing with the California Department of Education (CDE); 5) when a decision is made to remove a child in a change of placement because of a violation of a code of student conduct; or 6) anytime they are requested by the parent. Parents are afforded these rights through the processes of assessment, as well as under the design and implementation of their child’s IEP. Definitions of terms used in the document are included in order to assist parents with further understanding of their rights. The written copy of the parents ’ rights is provided in the parent’s native language, unless it is clearly not feasible, or in their primary mode of communication, if their language is not written. A complete copy of the DMSELPA Notice to Parent/Guardian/Surrogate regarding parental procedural safeguards is available in both English and Spanish (DM 77 and DM 77s) and is available through the district special education office, DMSELPA and DMSELPA website.
2.3
Age of Majority
Title 34 of the California Code of Regulation § 300.520; California Education Code § 56041.5. When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local education agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to the parent under this part shall transfer to the individual with exceptional needs. The local education agency shall notify the individual and the parent of the transfer of rights.
IDEA requires that the student and parent be notified of the age of majority rule one year prior to the student reaching 18 years of age. At the time the student
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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