§ 300.504 Procedural safeguards notice.

Plain English summary

This section requires public agencies to provide parents of children with disabilities a copy of the procedural safeguards notice at least once per school year, with additional required distributions upon specific triggering events such as initial referral, filing of complaints, or parent request. The notice must contain a full explanation of all applicable procedural safeguards covering evaluations, consent, records access, complaint procedures, mediation, placement, hearings, appeals, civil actions, and attorneys' fees. The notice must also be written in understandable language as required by § 300.503(c).

Key requirements

• A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, except that a copy also must be given to the parents upon initial referral or parent request for evaluation.
• A copy must be given upon receipt of the first State complaint under §§ 300.151 through 300.153 and upon receipt of the first due process complaint under § 300.507 in a school year.
• A copy must be given in accordance with the discipline procedures in § 300.530(h).
• A copy must be given upon request by a parent.
• A public agency may place a current copy of the procedural safeguards notice on its Internet Web site if a Web site exists.
• The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under § 300.148, §§ 300.151 through 300.153, § 300.300, §§ 300.502 through 300.503, §§ 300.505 through 300.518, §§ 300.530 through 300.536 and §§ 300.610 through 300.625.
• The notice must address independent educational evaluations, prior written notice, parental consent, access to education records, opportunity to present and resolve complaints, availability of mediation, child's placement during pendency of any due process complaint, procedures for students subject to placement in an interim alternative educational setting, requirements for unilateral placement by parents in private schools at public expense, hearings on due process complaints, State-level appeals, civil actions, and attorneys' fees.
• The notice required under paragraph (a) must meet the requirements of § 300.503(c).

Affected parties

• parents of children with disabilities
• public agencies
• local educational agencies (LEAs)
• state educational agencies (SEAs)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.504