Parent Rights

As a parent of a child with a disability, you have certain rights which are guaranteed by state (Rule 52) and federal (Individuals with Disabilities Education Act {IDEA}) laws.

Procedural Safeguards or Rights

• A copy of the procedural Safeguards Notice must be provided to parents one (1) time per year.
• A copy must also be provided:
  1. Upon request by the parent;
  2. Upon initial referral or parental request for evaluation;
  3. Upon the first occurrence of the filing of a state complaint and the first occurrence of filing a special education due process complaint; and
  4. In accordance with discipline procedures

A parent may choose to receive notices via e-mail if the school district makes that option available.

A school district may place a copy of the procedural safeguards notice on a website.

For more information, please view IDEA Part C Procedural Safeguards (English version) or Part C Procedural Safeguards Manual for Parents (additional languages).

Parents have rights known as procedural safeguards that apply to every aspect of the early intervention process, including evaluation, access to records, and parental involvement in developing the Individualized Family Service Plan (IFSP). If you believe your rights have been violated, you have the following options: 

1. Request Mediation.  Mediation is a free & voluntary process for both parents and school, the Mediator does not make a decision for the parties. The Mediator helps the parties; identify issues, discuss viewpoints and generate options while working toward creating solutions agreeable to all. When the parties resolve all or some of the issues, they work together to sign a legally binding agreement. Mediation does not delay or deny the right to a due process hearing.  You can find out more about Mediation at: https://www.education.ne.gov/sped/mediation/
    
2. File a State Complaint. If you think your rights have been violated, you have the right to voice your concerns and be heard by filing a written complaint. You can find the State Complaint Form and Checklist at https://www.education.ne.gov/sped/state-complaint/ or contact the Nebraska Department of Education, Office of Special Education at 402-471-2471 for more information. For information about your rights and understanding your dispute resolution options please contact:

• NDE – Office of Special Education (402) 471-2471
• Parent Training Institute Nebraska – (800) 284-8520
• Disability Rights Nebraska – (800) 442-6691
   

3. Request a Due Process Hearing.  Due Process is a legal process used by parents and districts to make a decision on issues within a formal hearing. The hearing officer’s decision is final and binding unless appealed.  More information can be found at: https://www.education.ne.gov/sped/due-process/
    

Quick Guide to Early Intervention Dispute Resolution Process for Families of Infants & Toddlers | Spanish

Learn about Effective Communication within an IFSP Team

Prior Written Notice

Parents have the right to receive a written notice within a reasonable amount of time: before the school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of a child or the provision of a free appropriate public education (FAPE). If parents revoke consent, for special education and related services, parents will receive written notice regarding the changes in their child’s educational placement and services.

For more information, please visit our prior written notice guidance.

IDEA Part C Procedural Safeguards Module

Parents have rights that apply to every aspect of the early intervention process. These rights are known as procedural safeguards. This module is intended to explain these rights in a way that is easy to understand.

https://rise.articulate.com/share/JRbpVyEeMDTvsoUQpId0ochxzOqYneHR (English)

https://rise.articulate.com/share/zIW3X7q7PG7Yx3CRv6h35e4JT5L66ZR5 (Spanish)