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The best resource for providing information on parents rights, is available through the State of Oregon's Procedural Safeguards Notice booklet.

Who is this booklet for?

If you are a student with a disability who is 18 years old or older and you are on an Individual Education Program (IEP) or eligible for an IEP, this booklet is for you. This booklet explains your rights under the federal special education law called the Individuals with Disabilities Education Act (IDEA). These rights are called procedural safeguards. Procedural safeguards are steps your school district must follow to protect your right to special education.

What will this booklet tell me?

This booklet will tell you about your rights in special education. This booklet will not give you detailed information about IEPs, transition services, classes, or testing. You may get more information about these topics by talking to your teachers, parents or from the Oregon Department of Education (ODE) web site and other resources listed in the back of this booklet.

Why do I need to know what is in this booklet?

Before you were 18, you probably came to your IEP meetings and people talked about you and asked you questions. When it was time to sign paperwork had to be signed or the school needed consent, your IEP team asked your parent or someone else acting as your parent at the meeting to do that. When you turn 18, your IEP team will look to you to participate in that role. You need to understand your special education rights because they will help you get the education services you need.

When must I get a copy of this booklet?

• You must get a copy of this booklet:
• Once a year;
• When you ask for one;
• The first time you are referred for special education testing (this is called “evaluation”) to see if you are eligible for special education services;
• Close to your 17th birthday;
• If you request a due process hearing or file a written complaint with ODE; and,
• If the school decides to take disciplinary action and there is a change in placement for you.

Where do the rights in this booklet come from?

These rights are from a federal special education law, called the Individuals with Disabilities Education Act (IDEA). This law says school districts must give students with disabilities a “free appropriate public education.”

What is a free appropriate public education?

A free appropriate public education means special education and related services, including service to help you move from school to post-secondary education, training, work or community living. These services are provided free to you by your school district. A team that includes you, your teachers, and 2 others design these services after they decide whether you have a disability and meet the criteria for special education. This team decides what special education services you need and writes this in an Individualized Education Program (IEP). The team also decides what type of class, school, or program you need and writes this into your IEP. Your team must place you in the “least restrictive environment.” This means you must be placed in the most typical kind of program that will meet your needs and help you reach your post-secondary goals. The placement must be based on your IEP.

What is an IEP?

The IEP describes what special education and related services will be provided to you. The IEP team develops your plan. The team includes you, your teachers, and others. Your IEP outlines goals that you will work on during the school year and your post-secondary goals.

Where can I get more information?

Start with your local school district. You may want to talk to a teacher, school counselor, or the principal. You may also talk to the special education teacher or transition specialist for your school district or education service district (ESD). Your parents may also have additional information for you. Other resources are listed at the end of this booklet.