Procedural Due Process

Exact wording from IDEA
300.500 Responsibility of SEA and other public agencies.
Each SEA must ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of §§300.500 through 300.536.
(a) General.
(1) The public agency must have procedures that require either party, or the attorney representing a party, to provide to the other party a due process complaint (which must remain confidential).
(2) The party filing a due process complaint must forward a copy of the due process complaint to the SEA.
Paraphrase, be able to explain to general education colleagues or parents:
Procedural safeguards protect the rights of children with disabilities and their parents. These safeguards include the right to participate in all meetings, to examine all educational records, and to obtain an independent educational evaluation (IEE) of the child.
Due process is intended to ensure that children with learning disabilities and other types of disabilities receive a free appropriate public education. These policies and procedures are typically described in a school district's procedural safeguards statement and local policies.
Provide 3 Supreme Court cases (discussed in the text) that have shaped our understanding and implementation of this principle. List the case, and provide 1 or 2 sentences about the ruling that applies to the principle.

1. Jaccari J. v. Board of Education of the City of Chicago, District #299, (2009) – Parents have the right to all records that relate to their children including records, files, documents, and other materials that have information directly related to a student that is maintained by the school district.
2. Hudson v. Wilson (1987) – Parents can be entitled to tuition reimbursement despite their unilateral withdrawal of their child from the public schools.
3. Hudson v. Wilson (1987) – One independent education evaluation at the public’s expense is required
   Application, how do you think this principle is implemented in schools:
   It is implemented by following the IEP and procedural safeguards.

Sample Solution