NC 1504-1.5 Procedural Safeguards Notice

Plain English summary

This regulation requires LEAs to provide parents of children with disabilities a procedural safeguards notice at least once per year, with additional copies required under specific triggering circumstances such as initial referral, due process petitions, or parent request. The notice must contain a full explanation of all procedural safeguards including due process timelines, mediation, placement during hearings, and attorneys' fees, and must be written in understandable language. The State Board is required to post the notice on its website, and LEAs may do so optionally.

Key requirements

• A copy of the procedural safeguards must be given to parents only one time a year, except as otherwise required.
• A copy must be given upon initial referral or parent request for evaluation.
• A copy must be given upon receipt of the first State complaint under NC 1501-10.1 through NC 1501-10.3 in a school year.
• A copy must be given upon receipt of the first petition for due process hearing under NC 1504-1.8 in a school year.
• A copy must be given in accordance with the discipline procedures in NC 1504-2.1.
• A copy must be given upon request by a parent.
• A copy must be given upon any revision to the content of the procedural safeguards notice.
• The State Board shall place a current copy of the procedural safeguards notice on its Internet Web site.
• An LEA 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 procedural safeguards available under the referenced NC regulations.
• The notice must cover independent educational evaluations, prior written notice, parental consent, access to educational records, due process hearing and State complaint procedures, mediation, placement during pendency of due process hearing, interim alternative educational setting procedures, unilateral placement by parents in private schools at public expense, hearings on petitions for due process, civil actions including filing timelines, and attorneys' fees.
• The notice required under paragraph (a) must meet the requirements of NC 1504-1.4(c) regarding understandable language.

Affected parties

• Parents of children with disabilities
• Local Education Agencies (LEAs)
• State Board of Education
• Students with disabilities
• Special education administrators

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=85