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Frequently Asked Questions

As a parent, we know you have many questions about your child's education and the IEP process.  Below are are a few considerations when addressing Procedural Safeguards.



Common Procedural Safeguard Violations

 

  

Technique: Send a formal written letter/email “Request for Assessment” to the special education director.

Strategy: Reference specific, observable behaviors (e.g. decrease in grades) to establish “suspected disability of goals not working.

Note: Verbal requests do not start the clock – always use written communication, dated (email or certificated letters)


Technique: Send a district “timeline” compliance Code notice citing CA. Code deadlines.

Strategy: State when the meeting should have taken place and the number of days that the school/district is out of compliance. Request an immediate IEP within the next (5) school/business days. Cc the next person in charge or the person who supervises the initial case carry.

Note: There may be school breaks, however the school should know this, communicate reason for delays, and schedule accordingly. 


Technique: Send an explicit, one sentence email: “Please provide a Prior Written Notice” regarding your refusal to grant X service.

Strategy: Include the phrase “Under 34 CFR 300.503”. Their response must address this section.

Note: If the district refuses to provide this, request an Alternative Dispute Resolution (ADR) so that they must address their refusal to address items.





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