Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 5
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44P
W
N
RIOR
RITTEN
OTICE
You have the right to be given written information about the school division’s
actions which involve your child’s educational needs.
The information will
assist you in providing informed consent for educational decisions.
Notice
Your school division must give you written notice (provide you certain information in writing),
whenever it:
1. Proposes to initiate or to change the identification, evaluation, or educational placement
of your child, or the provision of a free appropriate public education (FAPE) to your
child; or
2. Refuses to initiate or to change the identification, evaluation, or educational placement of
your child, or the provision of FAPE to your child.
Content of Notice
The written notice must:
1. Describe the action that your school division proposes or refuses to take;
2. Explain why your school division is proposing or refusing to take the action;
3. Describe each evaluation procedure, assessment, record, or report your school division
used in deciding to propose or refuse the action;
4. Include a statement that you have protections under the procedural safeguards provisions
in the IDEA;
5. Tell you how you can obtain a description of the procedural safeguards if the action that
your school division is proposing or refusing is not an initial referral for evaluation;
6. Include resources for you to contact for help in understanding the IDEA;
7.
Describe any other choices that your child's Individualized Education Program (IEP)
Team considered and the reasons why those choices were rejected; and
8. Provide a description of other reasons why your school division proposed or refused the
action.
Notice in Understandable Language
The notice must be:
1. Written in language understandable to the general public; and
2. Provided in your native language or other mode of communication you use, unless it is
clearly not feasible to do so.
2
SS/SE-4 (6/16)
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