Rights and Procedural

Safeguards

This resource is intended as a brief overview of some of the special education

rights of parents and students.

Please reference the complete information in the Procedural Safeguards Manual

https://www.schools.utah.gov/specialeducation/programs/rulespolicies?mid=4962&tid=5

OF EDUCATION
UTAH STATE BOARD

PRIOR WRITTEN NOTICE

The school must give written notice before it initiates or changes your student’s placement,
identification, evaluation, or provision of a free and appropriate public education (FAPE)
PARENT CONSENT
Prior to evaluating or providing services for the first time, the school must seek and receive your
consent. Consent is voluntary, must be in writing, and can be revoked at any time.

OPPORTUNITY TO REVIEW RECORDS AND PARTICPATE IN MEETINGS

You have the right to see and get an explanation of your student’s education records.
You have a right to participate in meetings about your student’s education, including Individualized
Education Program (IEP) meetings.

INDEPENDENT EDUCATIONAL EVALUATIONS

If you disagree with the school’s evaluation results, you have the right to request an
CONFIDENTIALITY
Schools must ensure the protection of any personally identifiable data, information, and records
collected or maintained by the school.

COMPLAINT PROCESS AND DUE PROCESS

IDEA provides you with options to formally dispute with the school if you disagree about what is
appropriate, including: mediation, a state complaint, or a request for a due process hearing.

DISCIPLINE FOR BEHAVIOR CONCERNS, SUSPENSION, OR HIGH RISK

A child with a disability who violates Code of Conduct can be suspended or placed in an alternate
educational setting as long as it does not exceed 10 school days. This is NOT a violation of Special
Education Law.
If a child is suspended for more than 10 days, it is considered a Change of Placement, but the
school is required to give the child educational services.
If a child is suspended for more than 45 days, the following will happen:
Manifestation Hearing (when there has been a Change of Placement)
Must conduct a Functional Behavior Assessment Meeting
A Behavior Intervention Plan will be completed and added to the child's IEP.
If you have additional questions about your rights, contact the Utah Parent Center:
utahparentcenter.org | 801-272-1051