Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

PROCEDURAL SAFEGUARDS

Note: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.


December 7, 2012 to District of Columbia Office of the State Superintendent of Education Assistant Attorney Carmela N. Edmunds
TOPIC ADDRESSED: Procedural Safeguards
SECTION OF IDEA: Part C—Infants and Toddlers with Disabilities; Section 635—Procedural Safeguards
MS Word (35KB) | PDF (716KB)


Redacted letter
July 13, 2004
Topic: Procedural Safeguards
Letter clarifying that Part B of IDEA does not provide for the Office of Special Education Programs' review of individual State-level complaint decisions or due process hearings, and that depending on State law, a complainant may be able to appeal a State complaint decision to an appropriate State court.
MS Word (27K) | PDF (168K)


Redacted letter
December 10, 2003
Topic: Procedural Safeguards
Letter regarding options available to parents to resolve disputes relating to the requirements of Part B of the IDEA and clarifying that the Part B regulations do not include a provision for review by the Office of Special Education Programs of a State's complaint decision.
download files MS Word (25K) | PDF (125K)


Letter to Alice Parker, Ed.D.
October 27, 2003
Topic: Procedural Safeguards
Letter clarifying that the Part B regulations require a State to resolve signed, written complaints regarding State eligibility requirements.
MS Word (32K) | PDF (115K)


Letter to Honorable Ruben Hinojosa
October 17, 2003
Topic: Procedural Safeguards
Letter clarifying that the provisions of the Safe and Drug-Free Schools and Communities Act (Title IV of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001) do not prohibit the presence of a student's prescription drugs, or related equipment, at school.
download files HTML (202K)


Letter to Mr. Robert Rutten
September 9, 2003
Topic: Procedural Safeguards
Letter clarifying that it is not inconsistent with the State complaint procedures required by 34 CFR 300.660-300.662 for a complainant to have an advocate present during an interview or for the complaint investigator to send a copy of the issues to be investigated to an advocate if requested to do so by the complainant.
MS Word (31K) | PDF (63K)


Redacted letter
August 19, 2003
Topic: Procedural Safeguards
Letter regarding (1) the Office for Civil Rights' authority over complaints related to discrimination based on disability, (2) the resolution of individual complaints and the award of compensatory services under Part C of the IDEA, and (3) the lead agency's responsibility for general supervision of all Part C programs and activities, including the monitoring of agencies carrying out Part C services.
MS Word (43K) | PDF (204K)


Redacted letter
March 6, 2003
Topic: Procedural Safeguards
Letter regarding the change in the Part B regulations that removed the Secretarial review process under the State complaint procedures effective May 11, 1999.
MS Word (52K) | PDF (121K)


Letter to Mr. Dennis Kane
February 26, 2003
Topic: Procedural Safeguards
Letter regarding issues the State needs to review and resolve pursuant to State complaint procedures and the complaint requirements in the part B regulations at 34 CFR 300.660-300.662.
MS Word (57K) | PDF (77K)


Letter to Dr. Perry A. Zirkel
November 19, 2002
Topic: Procedural Safeguards
Letter clarifying that neither the IDEA nor its implementing regulations address interlocutory appeals and that whether these appeals are allowed is a State decision subject to the timeline provisions of 34 CFR 300.512.
download files MS Word (77K) | PDF (57K)


Redacted letter
March 30, 2001
Topic: Procedural Safeguards
Letter clarifying that a State may hold in abeyance those issues in a complaint that are currently being appealed in a judicial proceeding.
MS Word (43K) | PDF (147K)


Letter to The Honorable Sue Myrick
July 25, 2000
Topic: Procedural Safeguards
Letter regarding options available to parents to resolve disputes relating to the identification, evaluation, educational placement, or provision of FAPE to a child with a disability and in addressing such concerns as they relate to an existing school's compliance with the IDEA's least restrictive environment requirements.
MS Word (19K) | PDF (187K)


Letter to Chief State School Officers
July 17, 2000
Topic: Procedural Safeguards
Letter regarding State complaint resolution procedures under Part B of IDEA.
MS Word (44K) | PDF (614K)


Letter to Part C Lead Agencies
July 17, 2000
Topic: Procedural Safeguards
Letter regarding guidance on State complaint resolution procedures under Part C of IDEA.
MS Word (40K) | PDF (634K)


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Last Modified: 10/27/2014