Md. Code Regs. 13A.05.01.11

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.05.01.11 - Procedural Safeguards - General Provisions

A. Procedural Safeguards Notice.

(1) The public agency responsible for the provision of FAPE to a student with a disability shall provide a copy of the procedural safeguards to the parents of a student with a disability once a year.

(2) A copy of the procedural safeguards shall also be given to the student's parents on:

(a) Initial referral as described in Regulation .04 of this chapter;

(b) Parental request for evaluation as described in Regulation .06 of this chapter;

(c) Department receipt of an individual's first State complaint, as described in Regulation .15A of this chapter, in the school year, as described in 34 CFR §§ 300.151- 300.153;

(d) The parent's first due process complaint in a school year, as described in Regulation .15C of this chapter; and

(e) Parental request.

(3) The contents of the procedural safeguards notice shall include a full explanation of all of the procedural safeguards as described in 34 CFR § 300.504.

(4) A public agency may place a current copy of the procedural safeguards notice on its Internet website.

(5) A parent of a student with a disability may elect to receive written notice as described in §A(1) of this regulation by an electronic mail communication, if the public agency makes that option available.

B. Extended School Year Services. A public agency shall ensure that parents of students with disabilities are notified at least annually of the availability of extended school year services as described in Regulation .08B(2) of this chapter.

C. Graduation Requirements. A public agency shall inform the parent of a student with disabilities of State graduation requirements, as specified in COMAR 13A.03.02, and the student's progress toward meeting the requirements.

D. Low Cost Legal and Other Relevant Services. On request, parents shall be informed of any free or low cost legal and other relevant services available in the area.

E. Opportunity to Examine Records. In accordance with the confidentiality procedures of 34 CFR 99, 34 CFR §§ 300.610 -300.626, and COMAR 13A.08.02, the parent of a student with a disability shall be given the opportunity to inspect and review all of the student's records relating to the identification, evaluation, and educational placement, and the provision of FAPE.

F. Confidentiality of Information. A public agency shall ensure the confidentiality of personally identifiable information in accordance with 34 CFR 99, 34 CFR §§ 300.610 -300.626, and COMAR 13A.08.02.

G. Parent Surrogates. In accordance with Education Article, § 8-412, Annotated Code of Maryland, a public agency shall ensure that the rights of a student with a suspected or identified disability are protected by the appointment of a parent surrogate when:

(1) A parent cannot be identified;

(2) The public agency, after reasonable efforts, cannot discover the whereabouts of a parent; or

(3) The student is a ward of the State.

Md. Code Regs. 13A.05.01.11

Regulations .11 adopted effective December 23, 1991 (18:25 Md. R. 2757)
Regulation .11 amended effective May 7, 2007 (34:9 Md R. 826)