Oregon Department of Education
Chapter 581
Division 15
SPECIAL EDUCATION
581-015-2315
Notice of Procedural Safeguards
(1) School districts must give parents a copy of the Notice of Procedural Safeguards at a minimum only one time per year, except that a copy must be given to the parents:
(a) Upon initial referral or parent request for evaluation;
(b) Upon request by a parent; and
(c) Also to the child, at least a year before the child's 18th birthday.
(2) The procedural safeguards notice must include all of the content provided in the Notice of Procedural Safeguards published by the Department in the following areas:
(a) Independent educational evaluations;
(b) Prior written notice;
(c) Parental consent;
(d) Access to educational records;
(e) Mediation, complaints and due process hearings;
(f) The child's placement during pendency of due process proceedings;
(g) Procedures for students who are subject to placement in an interim alternative educational setting;
(h) Requirements for unilateral placement by parents of children in private school at public expense;
(i) Civil actions, including the time period for filing such actions;
(j) Attorney's fees; and
(k) Transfer of rights at age of majority.
(3) The Notice of Procedural Safeguards must be written in language understandable to the general public.
(4) The Notice of Procedural Safeguards must be provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
(5) If the native language or other mode of communication of the parent is not a written language, the school district shall take steps to ensure:
(a) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
(b) That the parent understands the content of the notice; and
(c) That there is written evidence that the district has met these requirements.
Statutory/Other Authority: ORS 343.055 & 343.155
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.504
History:
Renumbered from 581-015-0079, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 19-1999, f. & cert. ef. 9-24-99