July 23, 2014
Prior to 1975 when Congress passed Public Law 94-142: Individuals with Disabilities Education Act, students with disabilities had very few legal rights. The new law challenged public schools to provide a free, appropriate, public education for students with disabilities who had previously encountered a very poor quality of education or were denied an education all together in their neighborhood public school. P.L. 94-142 has been amended over the years by Congress and is now referred to as the Individuals with Disabilities Education Act (IDEA).
Since 1975 there have been a significant number of laws put into place to protect students with disabilities at both the federal and state levels. The protections are indicated in the Procedural Safeguards Notice (PSN). Local education agencies (LEA) must provide a copy of the PSN at least one time per year to parents or guardians of school-aged students with disabilities who receive special education services under the IDEA.
Key components of the PSN document are as follows:
- Prior Written Notice – LEAs must provide parents with this notice under certain conditions within a reasonable time (10 calendar days) so that parents may accept the proposal or reject it.
- Parental Consent – Parents have the right to consent to an evaluation, to disagree with an evaluation, to the provision of special education services.
- Confidentiality – This refers to that which is considered to be confidential information and who is allowed access to such information regarding a child receiving special education services.
- Procedures for filing due process complaints to the state regarding a student’s education program along with an explanation of the Impartial Due Process Hearing and the rights of parents and LEAs at the hearing.
- Procedure for requesting mediation and an explanation of the mediation process.
- The Authority of School Personnel – this includes the proposal of educational placement, services and disciplinary actions, including law enforcement involvement, as warranted on a case by case situation.
More detailed information can be obtained by reading the PSN document that is published by state departments of education.
Sandy Shacklady-White, Supervisor of Special Education
Sources:
Boyer, E. L. (1979). Public Law 94-142: A promising start. Educational Leadership. X(X), 2898-301.
Pennsylvania Department of Education (2011). Procedural Safeguards Notice.
Sandy is currently pursuing an Ed. D. with an emphasis in special education. Sandy has worked in the field of special education for 25 years. She spent her first 6 years of teaching at the Devereux Foundation. During that time Sandy received her master's degree as a reading specialist. The following 11 years were spent teaching students with disabilities in the Rose Tree Media School District. After receiving her supervisor of special education certification, she was employed in Rose Tree Media as the Supervisor of Secondary Special Education for 2 years. She has been a supervisor of special education in the West Chester Area School District for the past 6 years. Her role as a supervisor is multi-faceted and includes providing legal guidance on special education matters at multiple levels, professional development for teachers and paraprofessionals, and any other resources that are needed by the district to appropriately meet the needs of the students with disabilities. In addition, she has been an adjunct college instructor in the special education department. As an educational leader, Sandy's focus is on providing schools with the supports needed to help student with disabilities learn the skills needed to become productive members of society.