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This document provides guidelines and procedures established by the Office of Special Education of the North Dakota Department of Public Instruction to ensure prior written notice and parental consent
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How to fill out Procedural Safeguards: Prior Written Notice and Parental Consent Procedures

01
Begin by gathering all relevant information about the proposed action or change regarding the student's education.
02
Clearly state the reason for the prior written notice, including what action is being proposed or refused.
03
Provide a detailed description of the evaluation procedures, tests, and other factors that were used to make the decision.
04
Explain the rights of the parents regarding the proposed action, including their right to review records and obtain an independent evaluation.
05
Include information about the availability of alternative options and their anticipated benefits or drawbacks.
06
Specify the date by which parental consent is requested and ensure the form is signed by the appropriate personnel.
07
Make a copy of the completed document for the parents and keep a record in the student's file.

Who needs Procedural Safeguards: Prior Written Notice and Parental Consent Procedures?

01
Parents or guardians of students with disabilities.
02
Educational institutions responsible for conducting evaluations or making changes in services.
03
Special education professionals involved in the development and implementation of individualized education programs (IEPs).
04
Government agencies that oversee compliance with special education laws.
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Procedural Safeguards refer to the legal protections and requirements that ensure parents are informed and involved in the educational decisions regarding their child's special education. Prior Written Notice is a formal communication that the school must provide to parents when it proposes or refuses to initiate or change the identification, evaluation, or educational placement of a child. Parental Consent Procedures outline the requirement for obtaining consent from parents before providing certain services or conducting evaluations.
School districts and educational institutions that provide special education services are required to file Procedural Safeguards: Prior Written Notice and Parental Consent Procedures. It is the responsibility of the local education agency (LEA) to ensure that these procedural safeguards are communicated and adhered to.
To fill out the Procedural Safeguards: Prior Written Notice, the educational personnel must complete a form that includes details such as the child’s name, the proposed actions, the reasons for the proposal, the evaluation data used, and the parents' rights. For Parental Consent, the form should specify the actions requiring consent, provide adequate explanations, and include a signature line for the parent to indicate consent or refusal.
The purpose of Procedural Safeguards: Prior Written Notice and Parental Consent Procedures is to protect the rights of children with disabilities and their parents. These safeguards ensure that parents are informed about decisions affecting their child's education and have the opportunity to consent to or refuse such actions, thus promoting parental involvement in the special education process.
The information that must be reported includes the child's name, the specific proposal or refusal for changes in services, the reasons for the decision, relevant evaluation data used to inform the decision, descriptions of other options considered, and a summary of the parent’s rights. Additionally, the document must include a signature line for parental consent.
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