Section 300.504 - Procedural safeguards notice(a)General. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, except that a copy also must be given to the parents- (1) Upon initial referral or parent request for evaluation;(2) Upon receipt of the first State complaint under §§ 300.151 through 300.153 and upon receipt of the first due process complaint under § 300.507 in a school year;(3) In accordance with the discipline procedures in § 300.530(h) ; and(4) Upon request by a parent.(b)Internet Web site. A public agency may place a current copy of the procedural safeguards notice on its Internet Web site if a Web site exists.(c)Contents. The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under § 300.148 , §§ 300.151 through 300.153 , § 300.300 , §§ 300.502 through 300.503 , §§ 300.505 through 300.518 , §§ 300.530 through 300.536 and §§ 300.610 through 300.625 relating to- (1) Independent educational evaluations;(2) Prior written notice;(4) Access to education records;(5) Opportunity to present and resolve complaints through the due process complaint and State complaint procedures, including-(i) The time period in which to file a complaint;(ii) The opportunity for the agency to resolve the complaint; and(iii) The difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;(6) The availability of mediation;(7) The child's placement during the pendency of any due process complaint;(8) Procedures for students who are subject to placement in an interim alternative educational setting;(9) Requirements for unilateral placement by parents of children in private schools at public expense;(10) Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;(11) State-level appeals (if applicable in the State);(12) Civil actions, including the time period in which to file those actions; and(d)Notice in understandable language. The notice required under paragraph (a) of this section must meet the requirements of § 300.503(c) .71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007 Authority: 20 U.S.C. 1415(d)
Approved by the Office of Management and Budget under control number 1820-0600