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Parents’ and Childrens’ Rights

Procedural Safeguards

Parents have the right to…

  • Examine all records
  • Participate in meetings regarding the identification, evaluation, and educational placement of child, or the provision of FAPE
  • Get an independent educational evaluation of their child
  • Receive prior written notice whenever a change is proposed
  • Be given notice in their native language, within reason
  • Be given an opportunity for mediation
  • Be given an opportunity to present a due process complaint

20 U.S.C.§1415

Children have the right to…

  • Be protected in the event a parent is absent
  • Have parental rights transferred to them at the age of majority

20 U.S.C.§1415

*NOTE: The procedural safeguards are extensive requirements for the State to receive funds under the Act. If the requirements of the Act are not followed to a satisfactory degree, federal funds can be withheld.