Maryland Parent Right and Procedural Safeguards

Parental Rights/Procedural Safeguards & Mediation Resources

  •  Maryland Procedural Safeguards- Parental Rights

    The procedural safeguards notice includes a full explanation of parental rights in an easily understandable manner and in parent’s native language. These procedural safeguards notice applies to children and families receiving services through an Individualized Family Service Plan (IFSP) and to children and youth with disabilities receiving services through an Individualized Education Program (IEP).

    Maryland Procedural Safeguards Notice - English

    Maryland Procedural Safeguards Notice - Spanish 

     

    The Maryland State Department of Education (MSDE), Division of Special Education/Early Intervention Services (DSE/EIS) is pleased to make available the 20 language translations for Maryland's Parental Rights Procedural Safeguards Notice, effectivve July 1, 2017.   http://marylandpublicschools.org/programs/Pages/Special-Education/info.aspx

    Maryland Procedural Safeguards Notice  - Effective July 1, 2017              


    Amharic | Arabic | Bengali | Burmese | Chinese | French | Gujarati | Haitian Creole | Hebrew | Hindi | Korean | Nepali | Polish | Portuguese | Russian | Spanish | Tagalog | Turkish | Urdu | Vietnamese

     

     

     

    Mediation

    Mediation is a process that may be used to resolve disagreements between the parents of a child with a disability and the public agency responsible for the education of the child. If during an IEP team meeting parent disagrees with child's IEP or the special education services provided to the child, the IEP team shall provide the parent, in plain language:

    • An oral and written explanation of the parent’s right to request mediation;
    • Contact information, including telephone number, that parent may use to receive more information about the mediation process; and
    • Information regarding pro bono representation and other free or low-cost legal and related services available in the area.

    Parents may request the information about mediation to be translated into the parents‘ native language. lf the native language spoken by the parents is spoken by more than one percent of the student population in the local school system, the IEP team shall provide the parent with the translated document within 30 days after the date of the request.

    An employee of the Office of Administrative Hearings (OAH) who is qualified and trained in effective mediation techniques conducts the mediation. The individual selected by OAH will not have a personal or professional conflict of interest.

    • Mediation is at no cost to the parent or public agency responsible for the child's early intervention or education, including the cost of a meeting with parents to encourage mediation.
    • A request for mediation is made to the public agency responsible for the early intervention or education of the child and the OAH. To assist parents with filing request for mediation form is available from the public agency and on the MSDE website at www.marylandpublicschools.org. For further assistance, contact the public agency’s Special Education Office or the MSDE, Division of Special Education/Early Intervention Services, 410-767-7770.
    • Parents or the public agency may be accompanied and advised by counsel during mediation.
    • A mediation session will generally occur within 20 days of the receipt of a written request at a location convenient to parents and the public agency.
    • Mediation sessions are closed proceedings. Discussions that occur during mediation must be confidential and cannot be used as evidence in any subsequent due process hearing or civil action. Parents or the public agency may be asked to sign confidentiality pledge before the start of the mediation.
    • An agreement reached by the parties in the mediation must be set forth in written agreement that is enforceable in any State Court that has the authority to hear this type of case or in federal district court.
    • A public agency may not use mediation to deny or delay the parent’s right to hearing on the parent's due process complaint.

    Resource Guide to Mediation

     Request for Mediation and Due Process

    A PARENT'S GUIDE TO FREQUENTLY ASKED QUESTIONS ABOUT SPECIAL EDUCATION MEDIATION

    Parent's Guide to Habilitative Services

    Parent's Guide to Habilitative Services - English

    Parent's Guide to Habilitative Services - Spanish