Procedural Safeguards: Parent Rights, Confidentiality, and Dispute Resolution
The contents of this topical area are designed for administrators of state Early Intervention (Part C) and Preschool Special Education (Part B, Section 619), families, local administrators of Early Intervention and Preschool Special Education, and others interested in the topic. The procedural safeguards required by the Individuals with Disabilities Education Act (IDEA) are intended to protect the rights of children with disabilities and their families and guide Early Intervention and Preschool Special Education systems and programs in meeting these requirements.
Part C
Part C Regulations
- 34 CFR §303.7 — Consent
- 34 CFR §303.25 — Native language
- 34 CFR §303.27 — Parent
- 34 CFR §303.29 — Personally identifiable information
- 34 CFR §§303.400–303.449 — Procedural safeguards
Federal Guidance
Federal Policy Letters
- Part C Dispute Resolution in COVID-19 Environment Q-&-A Document (June 22, 2020)
- POLICY LETTER: July 19, 2013 to Maureen Greer on Parent Consent, Part C, Use of Public and Private Insurance
- POLICY LETTER: October 13, 2010 to Florida Department of Health Early Steps Program Part C Coordinator Lynne Marie Price on Confidentiality/FERPA, Education Record, Part C
- POLICY LETTER: November 13, 2009 to California Early Start Part C Coordinator Rick Ingraham on Coordinated Early Intervening Services, Individualized Family Services Plan: Development/Review/Revision, Parent Consent, Parents' Rights and Procedural Safeguards, Part C
- POLICY LETTER: October 27, 2009 to Nevada Aging and Disability Services Division Part C Coordinator Wendy Whipple on Compensatory Services, Dispute Resolution, Individualized Family Services Plan: Development/Review/Revision, Part C
Technical Assistance Resources
- Data Sharing Agreement Template: Examples from the Early Hearing Detection, and Intervention Program (EHDI) and Early Intervention Programs.
- Privacy and Confidentiality Resources from the DaSy Center
- Center for Appropriate Dispute Resolution in Special Education (CADRE)
- IDEA Early Intervention Family Guides explain mediation, written state complaints, and due process hearing procedures under Part C.
- Navigating Intra-Family Conflict Guide includes strategies and sample language EIS providers can use and adapt to fit their context as they navigate intra-family conflicts.
See also: DMS 2.0: Dispute Resolution: State Complaint, Due Process, Mediation
Part B, Section 619
Part B Regulations
- 34 CFR §300.9 — Consent
- 34 CFR §300.29 — Native language
- 34 CFR §300.30 — Parent
- 34 CFR §300.32 — Personally identifiable
- 34 CFR §§300.151–300.153 — State complaint procedures
- 34 CFR §300.300 — Parental consent
- 34 CFR §§300.500–300.599 — Procedural safeguards due process procedures for parents and children
- 34 CFR §§300.610–300.627 — Confidentiality of information
Federal Guidance
- OSEP Memo and Q&A on Dispute Resolution (July 23, 2013)
- OSEP model forms on Notice of Procedural Safeguards and Prior Written Notice (to align with 34 CFR §300.509)
- Uninterrupted Scholars Act Guidance
- IDEA and FERPA Crosswalk (2022)
- Understanding the Confidentiality Requirements Applicable to IDEA Early Childhood Programs Frequently Asked Questions (FAQs) (2016)
- Navigating IDEA and FERPA To Protect Privacy in Today's Early Childhood World Webinar
Federal Policy Letters
- POLICY LETTER 22-04: April 15, 2022 to Zirkel on requirements related to due process and state complaint procedures under IDEA.
- POLICY LETTER: November 17, 2021 to Anonymous on Dispute Resolution, Individualized Education Programs: Development/Review/Revision, Parent Consent, Placement
- POLICY LETTER: September 23, 2016 to Nisha Kashyap addresses the right of parents of students with suspected disabilities to inspect and review educational records.
- OSEP Dear Colleague Letter on Use of Due Process Procedures After a Parent Has Filed a State Complaint (2015)
- POLICY LETTER: October 18, 2012 to Steven L. Goldstein, Esq. on Maintenance of Current Educational Placement
Technical Assistance Resources
- Part C Dispute Resolution in COVID-19 Environment Q-&-A Document (June 22, 2020)
- POLICY LETTER: July 19, 2013 to Maureen Greer on Parent Consent, Part C, Use of Public and Private Insurance
- POLICY LETTER: October 13, 2010 to Florida Department of Health Early Steps Program Part C Coordinator Lynne Marie Price on Confidentiality/FERPA, Education Record, Part C
- POLICY LETTER: November 13, 2009 to California Early Start Part C Coordinator Rick Ingraham on Coordinated Early Intervening Services, Individualized Family Services Plan: Development/Review/Revision, Parent Consent, Parents' Rights and Procedural Safeguards, Part C
- POLICY LETTER: October 27, 2009 to Nevada Aging and Disability Services Division Part C Coordinator Wendy Whipple on Compensatory Services, Dispute Resolution, Individualized Family Services Plan: Development/Review/Revision, Part C
Technical Assistance Resources
- Data Sharing Agreement Template: Examples from the Early Hearing Detection, and Intervention Program (EHDI) and Early Intervention Programs.
- Privacy and Confidentiality Resources from the DaSy Center
- Center for Appropriate Dispute Resolution in Special Education (CADRE)
- IDEA Early Intervention Family Guides explain mediation, written state complaints, and due process hearing procedures under Part C.
- Navigating Intra-Family Conflict Guide includes strategies and sample language EIS providers can use and adapt to fit their context as they navigate intra-family conflicts.
See also: DMS 2.0: Dispute Resolution: State Complaint, Due Process, Mediation
Part B, Section 619
Part B Regulations
- 34 CFR §300.9 — Consent
- 34 CFR §300.29 — Native language
- 34 CFR §300.30 — Parent
- 34 CFR §300.32 — Personally identifiable
- 34 CFR §§300.151–300.153 — State complaint procedures
- 34 CFR §300.300 — Parental consent
- 34 CFR §§300.500–300.599 — Procedural safeguards due process procedures for parents and children
- 34 CFR §§300.610–300.627 — Confidentiality of information
Federal Guidance
- OSEP Memo and Q&A on Dispute Resolution (July 23, 2013)
- OSEP model forms on Notice of Procedural Safeguards and Prior Written Notice (to align with 34 CFR §300.509)
- Uninterrupted Scholars Act Guidance
- IDEA and FERPA Crosswalk (2022)
- Understanding the Confidentiality Requirements Applicable to IDEA Early Childhood Programs Frequently Asked Questions (FAQs) (2016)
- Navigating IDEA and FERPA To Protect Privacy in Today's Early Childhood World Webinar
Federal Policy Letters
- POLICY LETTER 22-04: April 15, 2022 to Zirkel on requirements related to due process and state complaint procedures under IDEA.
- POLICY LETTER: November 17, 2021 to Anonymous on Dispute Resolution, Individualized Education Programs: Development/Review/Revision, Parent Consent, Placement
- POLICY LETTER: September 23, 2016 to Nisha Kashyap addresses the right of parents of students with suspected disabilities to inspect and review educational records.
- OSEP Dear Colleague Letter on Use of Due Process Procedures After a Parent Has Filed a State Complaint (2015)
- POLICY LETTER: October 18, 2012 to Steven L. Goldstein, Esq. on Maintenance of Current Educational Placement
Technical Assistance Resources
- Data Sharing Agreement Template: Examples from the Early Hearing Detection, and Intervention Program (EHDI) and Early Intervention Programs.
- Privacy and Confidentiality Resources from the DaSy Center
- Center for Appropriate Dispute Resolution in Special Education (CADRE)
- IDEA Early Intervention Family Guides explain mediation, written state complaints, and due process hearing procedures under Part C.
- Navigating Intra-Family Conflict Guide includes strategies and sample language EIS providers can use and adapt to fit their context as they navigate intra-family conflicts.
See also: DMS 2.0: Dispute Resolution: State Complaint, Due Process, Mediation
- OSEP Memo and Q&A on Dispute Resolution (July 23, 2013)
- OSEP model forms on Notice of Procedural Safeguards and Prior Written Notice (to align with 34 CFR §300.509)
- Uninterrupted Scholars Act Guidance
- IDEA and FERPA Crosswalk (2022)
- Understanding the Confidentiality Requirements Applicable to IDEA Early Childhood Programs Frequently Asked Questions (FAQs) (2016)
- Navigating IDEA and FERPA To Protect Privacy in Today's Early Childhood World Webinar
Federal Policy Letters
- POLICY LETTER 22-04: April 15, 2022 to Zirkel on requirements related to due process and state complaint procedures under IDEA.
- POLICY LETTER: November 17, 2021 to Anonymous on Dispute Resolution, Individualized Education Programs: Development/Review/Revision, Parent Consent, Placement
- POLICY LETTER: September 23, 2016 to Nisha Kashyap addresses the right of parents of students with suspected disabilities to inspect and review educational records.
- OSEP Dear Colleague Letter on Use of Due Process Procedures After a Parent Has Filed a State Complaint (2015)
- POLICY LETTER: October 18, 2012 to Steven L. Goldstein, Esq. on Maintenance of Current Educational Placement
Technical Assistance Resources
- POLICY LETTER 22-04: April 15, 2022 to Zirkel on requirements related to due process and state complaint procedures under IDEA.
- POLICY LETTER: November 17, 2021 to Anonymous on Dispute Resolution, Individualized Education Programs: Development/Review/Revision, Parent Consent, Placement
- POLICY LETTER: September 23, 2016 to Nisha Kashyap addresses the right of parents of students with suspected disabilities to inspect and review educational records.
- OSEP Dear Colleague Letter on Use of Due Process Procedures After a Parent Has Filed a State Complaint (2015)
- POLICY LETTER: October 18, 2012 to Steven L. Goldstein, Esq. on Maintenance of Current Educational Placement