Prior Written Notice, Parental Consent and Surrogate Parents
Part C Regulatory Changes to Parent Rights, Safeguards, and Consent: Implications for Families (2012)
This presentation given at the 2012 IDEA Leadership Conference provided an overview of changes in the 2011 Part C regulations that have implications for families, including modifications to parent rights and safeguards and new consent requirements related to use of public and private insurance. The presenters included Joicey Hurth of NECTAC/NERRC, Anne Lucas of NECTAC/WRRC, Rhonda Spence of OSEP and Hillary Tabo of OSEP. Related materials include:
- Implementing Part C Procedural Safeguards: A Step-by-Step Model (2012): Adapted from Implementing Part C Procedural Safeguards in Washington: A Step by Step Model (2012). States can adapt this flow chart to reflect their procedures.
- Understanding Procedural Safeguards: Examples of Explanations and Implications for Families (2012): Updated and excerpted from Assuring the Family's Role on the Early Intervention Team: Explaining Rights and Safeguards (2002) by Joicey Hurth and Paula Goff, a paper to help service providers or parent support and advocacy personnel explain rights and safeguards in a family-friendly manner to assure that family members are fully informed partners in the early intervention process.
Part B, Section 619
OSEP Policy Letters/Memos
- Letter to Nisha Kashyap (2016): Addresses the question of whether the right to examine education records afforded by the IDEA is limited only to parents of children who already have been deemed eligible for special education services, or if the right also extends to children with suspected disabilities.
- Dear Colleague Letter on Use of Due Process Procedures After a Parent Has Filed a State Complaint (2015)
- OSEP Memo 13-08: Questions and Answers on IDEA Part B Dispute Resolution Procedures (2013)
Part B Model Forms
In accordance with a new requirement in IDEA 2004, the U.S. Department of Education, Office of Special Education Programs (OSEP) developed model forms for Part B, Special Education Programs. These model forms may be used by schools but are not required.
Part B Topic Briefs
OSEP has prepared a collection of topic briefs on the changes under Part B of IDEA 2004 related to procedural safeguards.
- Procedural Safeguards: Surrogates, Notice and Consent
- Procedural Safeguards: Due Process Hearings
- State Complaint Procedures