Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 4
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GENERAL INFORMATION
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NTRODUCTION
HAT ARE THE
ROCEDURAL
AFEGUARDS
"Your Family's Special Education Rights" identifies key parts of the “Individuals with
Disabilities Education Improvement Act of 2004” (IDEA), a federal law governing the education
of students with disabilities. IDEA 2004 requires that families be informed of their special
education rights, including how families and schools can resolve problems.
If you have
questions or want to learn more about how special education works, please contact VDOE’s
Parent Ombudsman at 804-371-7420, your local director of special education, your local Parent
Resource Center, or the Parent Educational Advocacy Training Center at 1-800-869-6782 or e-
mail: .
O
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I
S
E
T
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VERVIEW
HAT ARE SOME OF THE
MPORTANT
PECIAL
DUCATION
ERMS
IDEA says that each student that a school identifies as having a disability and who needs special
education and related services to benefit from their education is entitled to a Free Appropriate
Public Education (FAPE).
FAPE must be provided in the Least Restrictive Environment (LRE). This means that as much
as possible, given the educational needs of a child, each child with a disability will attend class
and participate in other activities with children without disabilities.
The plan for how to provide FAPE to each student is developed each year, and it is called the
Individualized Education Program (IEP).
IEPs are written by the child's IEP Team, which
includes the parent(s). Parents have "consent rights," which means you must approve certain
actions before the school can act. Families must receive regular progress reports about their
children's progress toward reaching IEP goals.
IEPs include, in part, the following:
• A present level of academic achievement and functional performance,
• Statement of the specialized aids and services to be provided,
• Annual goals stated in measurable terms,
• An explanation of the amount of time when the child will not be participating in regular
education classes,
• A list of accommodations necessary for classes and testing, and
• A plan for how the child will participate in the state's accountability system, including SOL
tests.
1
The Section of the IDEA that covers the provisions in this document is known as Part B. Hereinafter in this
document, IDEA will be identified as IDEA, without the identifying section Part, unless needed for clarity.
Virginia’s Regulations governing special education are identified in this document as Virginia Regulations.
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