Download of copy of the Procedural Safeguards document here. (Word document format)

Procedural Safeguards Requirements
under the Individuals with Disabilities Education Act Amendments of 2004 (IDEA 2004) and State law

You, as a parent, are an important member of your child’s multidisciplinary team. A multidisciplinary team makes decisions about evaluations and eligibility. Another multidisciplinary team, called the Individualized Education Program (IEP) Committee, develops recommendations for special education services for your child. You have the opportunity to participate in the multidisciplinary team meeting discussions and decisionmaking processes about your child’s needs for special education. 

The following information relates to procedural safeguards that are your rights under Federal and Mississippi law to be informed about and involved in the special education process.

Based on the passage of Senate Bill 2433 (2011), requirements for the distribution of the Procedural Safeguards document related to a child with a disability have been amended(Section 37-23-137 of the Mississippi Code of 1972) to read as follows:

A copy of this Procedural Safeguards Notice must be provided to you only one time each school year, except that a copy must also be given to you:

• Upon initial referral or when you request a formal evaluation for special education services for your child;
• The first time in a school year when the Mississippi Department of Education (MDE)receives a copy of a formal State complaint submitted by you;
• The first time in a school year when the MDE receives a request from you for a due process hearing;
• On the date a decision is made to take a disciplinary action that constitutes a change of placement for your child;
• Upon your child’s initial IEP Committee meeting; and
• Whenever you request a copy. 

The revisions reflect the new mandates of the Individuals with Disabilities Education Act Amendments of 2004. The Federal Regulations were issued on April 14, 2006, and became effective October 13, 2006. Additional amendments were issued on December 1, 2008, and became effective December 31, 2008.

The effective date of Senate Bill 2433 (2011) was July 1, 2011.

Additional information regarding special education and these procedural safeguards is available by contacting your local special education supervisor or school principal, a parent advocacy organization, or the Division of Parent Outreach at the Mississippi Department of Education, Office of Special Education at 1-877-544-0408.

This document conforms to the U.S. Department of Education’s Model Procedural Safeguards Notice (July 2009) and includes specific Mississippi requirements that must be included in this Notice.