Procedural Safeguards

Procedural safeguards refer to the educational rights of students with disabilities ages three through 21 and their parents, legal guardians, or surrogate parents under the Individuals with Disabilities Education Act (IDEA) and the California Education Code. Adult students with disabilities who have reached the age of 18, referred to as the age of majority, are also entitled to these rights unless deemed unable to make their own educational decisions under California law.   

Although LEAs/districts must provide the parent of a student with a disability with notice of the procedural safeguards at least once per year, it is recommended that the parent be provided a copy for review at the start of each IEP meeting. Local Educational Agencies (LEAs) should ensure the parent(s) understand the notice by offering to review the document together, providing ample opportunities for questions or clarification, and documenting receipt on the signature page of the IEP document.

The “Notice of Procedural Safeguards and Parents’ Rights” document can be found in multiple languages in the “Procedural Safeguards” section of the El Dorado SELPA's SEIS Document Library.  

In addition to the requirement to provide notice of procedural safeguards at least once per year, a copy must also be provided to parents [34 CFR §300.504; EDC §56301(d)(2); EDC § 56321; and EDC § 56341.1(g)(1)]: 

  • Upon initial referral or parental request for evaluation. 
  • When sending out an Assessment Plan and/or Prior Written Notice. 
  • Upon receipt of the first state complaint in the school year. 
  • Upon receipt of the first due process complaint in the school year. 
  • In accordance with disciplinary procedures. 
  • Upon parental request. 

Under IDEA, the procedural safeguards notice must be: 

  • Written in a language understandable to the general public; and 
  • Provided in the native language of the parent or in another mode of communication that is used by the parent, unless it is clearly not feasible to do so. [34 CFR §300.504(d)]

If the native language or other mode of communication used by the parent is not a written language, then the school must take steps to ensure that:  

  • The notice is translated orally or by other means to the parent in his or her native language or other mode of communication; 
  • The parent understands the content of the notice; and 
  • There is written evidence that these requirements have been met. 34 CFR §300.503(c)]