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Due Process Considerations for IEP Teams

Contact(s)

Considerations The following Due Process issues need to be considered by IEP teams:
  • Meeting Notice
  • Procedural Safeguards
  • Transfer of Rights
  • Prior Written Notice
  • What to do if parents want to file a complaint?
Meeting Notice

A meeting notice should be sent to all IEP team members at least 10 days prior to the meeting date. If the IEP meeting needs to be rescheduled, the parents must be contacted to set up the new date and time; this contact must be documented in the student’s record.

When setting up any type of IEP meeting:

  • Contact parents to set up a mutually agreeable date, time and location for the meeting.
  • Send out a meeting notice to all IEP team members that includes the purpose of the meeting and all attendees identified by name and job title or position.

IEP Meeting Notice Form

IEP Reviews: IEP Team Attendance

Agreement to Excuse Attendace at IEP Meeting

Procedural Safeguards

The Procedural Safeguards explains the specific rights and responsibilities of the parent in the special education process. IDEA requires school districts to give parents the procedural safeguards only one time a year, except upon: initial referral or on request for evaluation; the first occurrence of the filing of a due process hearing complaint; or upon request by a parent. Procedural Safeguards Manual for Parents Rights 2012

Parents have rights, known as procedural safeguards, which apply to every aspect of the special education process. State and federal laws and regulations outline what needs to happen to ensure that children with identified disabilities and on an IEP receive FAPE.

The name of the person who reviewed the Procedural Safeguards with the parent(s) is documented on Page A of the IEP along with the method of review. Page A - Procedural Safeguards

The Procedural Safeguards Manual is also available on TransACT.com in 7 languages (English, Arabic, Vietnamese, Spanish, Bosnian, Serbo-Croatian, and Laotian)

Transfer of Rights Page A - Transfer of Rights
Prior Written Notice Prior Written Notice
Parents want to File a Complaint Parents may want to file a compliant for reasons such as:
  • Disagreement with the IEP Team decisions after an IEP meeting
  • IEP is not being implemented as written
  • Current IEP is not meeting the needs of their child

When a parent contacts a teacher with a complaint it is recommended that the teacher notified the principal immediately.

Principals should contact the AEA contact and the district’s special education coordinator, if the district has one.

Printed from the Iowa Department of Education website on May 29, 2015 at 10:05am.