Procedural Safeguards

Video clip: OSEP Guidance regarding Procedural Safeguard (link not working)


Foreign languages not available from the Department of Elementary and Secondary Education (DESE) are the responsibility of the district to provide.

When to Provide the Procedural Safeguards

Prior to July 1, 2005, state and federal regulations implementing the Individuals with Disabilities Education Act (IDEA) required school districts to provide the parent with a copy of procedural safeguards upon each notification of an Individualized Education Program (IEP) meeting. Since July 1, 2005, IDEA and state regulations implementing IDEA, only requires the provision of procedural safeguards statement to be given to the parent one time per school year. In addition to the once a year requirement, they must be given to a parent:

  • Upon initial referral for evaluation;
  • On the date the decision is made to make a removal that constitutes a disciplinary change of placement;
  • Upon parental request for an additional copy;
  • And, upon the first occurrence of the filing of a due process hearing request or child complaint, at which time DESE provides the procedural safeguards statement.