Procedural Safeguards Q & A Amendments of 2004

  • 1. Whose rights are these?

  • 2. When must there be written notice and what is the purpose of the notice?

  • 3. When must you be given a copy of the Procedural Safeguards?

  • 4. What if the parent does not give consent for the testing?

  • 5. What is an independent educational evaluation (IEE) and when can a parent request one?

  • 6. Can a parent review their child's educational records?

  • 7. Can the district share educational information without parental written consent?

  • 8. How does a parent get information in the educational record amended or removed?

  • 9. Are discipline records part of a student's educational records?

  • 10. How long must districts keep educational records?

  • 11. Are districts required to inform parents of meetings regarding their child's special education program?

  • 12. What if I want to appeal the evaluation, placement or the provisions in the IEP that the district is proposing, but do not want to have a due process hearing at this time?

  • 13. Can students with disabilities be suspended?

  • 14. What is a manifestation determination and when is one conducted?

  • 15. When do districts need to conduct a functional behavioral assessment and develop a behavioral intervention plan?

  • 16. What if I disagree with the manifestation determination?

  • 17. Can districts request an expedited due process hearing?

  • 18. My child was suspended after I requested an evaluation to determine if he is eligible to receive special education services. Can he be suspended?

  • 19. My child is a student in a private school. Is she entitled to special education services?

  • 20. How do some students receive public special education services in their home or have the public school district pay for their services in a private school?

  • 21. What must I do to have the public school district reimburse me for placing my child in a private agency?

  • 22. How can I appeal decisions made by the district(s)?

  • 23. How do I file a child complaint if I feel that the district(s) is not following state or federal regulations?

  • 24. If I hire an attorney, does the district have to pay attorney fees?

  • 25. Can I withdraw my son from special education services even if the school feels that he requires them?

  • Additional information about your procedural safeguards can be obtained from the following:

    Missouri Parents Act (MPACT)
    800.743.7634 (voice/TDD)
    Fax 816.531.4777

    Special Education Compliance

Procedural Safeguards Notice

Parents' Bill of Rights