Procedural Rights and Safeguards: A plain‑language guide for Maryland parents of students with disabilities

Barbara Sanchez
Oct 20
4 min read

When your child is struggling in school, knowing your rights keeps you in the driver’s seat. These “procedural safeguards” are the rules schools must follow under IDEA (special education law) and Section 504.

Here’s what they mean in everyday language, with Maryland resources you can use right now.

Your core rights at a glance

Be informed and involved: You are a full IEP team member. You must be invited to meetings, offered times that work for you, and provided with interpreters if needed.
Say yes or no: Schools need your written consent for initial evaluation and initial services. You can revoke consent later.
Get decisions in writing: Schools must explain what they propose or refuse and why, in plain language, before changes happen.
See and correct records: You can review education records, ask for copies, and request corrections.

Challenge decisions: You can use mediation, file a state complaint, or request a due process hearing if you disagree.
Keep services during disputes: “Stay‑put” often keeps the current program in place while you resolve a dispute.
Extra protections in discipline: If behavior is related to disability, discipline rules work differently and services continue.

Breakdown of the safeguards

(what they mean and what to do)

1. Participation and notices

What it means: The school must invite you (and your child, when appropriate) to evaluation and IEP meetings and schedule them at a mutually agreeable time.
Do this: Ask for draft documents 5–7 days before meetings and bring your parent input statement.

Learn more: 34 CFR § 300.322; Maryland IEP Process Guide [Maryland IEP Guide](https://olms.cte.jhu.edu/421520)

2. Consent (saying yes or no)

What it means: Your written consent is required for initial evaluation and before special education services start. You can refuse or revoke in writing.
Do this: Keep a dated copy of your consent/letters.

Learn more: 34 CFR § 300.300 [Consent](https://www.law.cornell.edu/cfr/text/34/300.300)

3. Evaluation and re‑evaluation

What it means: Evaluations must be comprehensive, use multiple measures, and be done on time. Reevaluations typically occur at least every three years or as needed.
Do this: Request assessment in all areas of suspected disability (e.g., reading, language, behavior, attention, sensory).

Learn more: 34 CFR §§ 300.304–300.311 [Evaluation (https://www.law.cornell.edu/cfr/text/34/300.304)

4. Independent Educational Evaluation (IEE)

What it means: If you disagree with a school evaluation, you may request the district pay for an IEE by a qualified outside evaluator, unless the district promptly files for due process to defend its evaluation.
Do this: Ask for the district’s IEE criteria and approved cost caps in writing.

Learn more: 34 CFR § 300.502 [IEE](https://www.law.cornell.edu/cfr/text/34/300.502)

5. Prior Written Notice (PWN)

What it means: Before the school changes (or refuses to change) identification, evaluation, placement, or services, it must send a written notice explaining what, why, what data it used, and your rights.
Do this: If a request is denied verbally, ask for PWN.

Learn more: 34 CFR § 300.503 [PWN](https://www.law.cornell.edu/cfr/text/34/300.503)

6. Access to records and privacy

What it means: You can inspect, copy, and request amendments to records. Schools must protect confidentiality.
Do this: Send a written records request; keep a timeline.

Learn more: 34 CFR §§ 300.613–300.621; FERPA overview [FERPA](https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html)

7. Dispute resolution options (Maryland)

Mediation: Free, voluntary, neutral facilitator helps you and the district reach agreement.
State complaint: Written complaint to MSDE; the state investigates and orders remedies if violations are found.
Due process hearing: A more formal legal process before an administrative law judge.

Do this: Start with mediation or a well‑documented state complaint for faster remedies when appropriate.

Learn more and forms: MSDE Family Support & Dispute Resolution [MSDE Dispute Options](https://www.marylandpublicschools.org/programs/Pages/Special-Education/disputeresolution/index.aspx

8. “Stay‑Put” during disputes

What it means: Your child typically stays in their current placement while a dispute is being resolved.

Learn more: 34 CFR § 300.518 [Stay‑Put](https://www.law.cornell.edu/cfr/text/34/300.518)

9. Discipline protections

What it means: If removals total more than 10 school days, the team must hold a manifestation determination. If behavior is linked to the disability or to the school’s failure to implement the IEP, consequences change and services continue. Interim alternative placements apply for certain serious behaviors.

Do this: Ask for the manifestation meeting and for behavior data/IEP fidelity.

Learn more: 34 CFR §§ 300.530–300.536 [Discipline](https://www.law.cornell.edu/cfr/text/34/300.530)

10. Age of majority and transfer of rights (Maryland)

What it means: At 18, most rights transfer to the student unless a legal alternative is in place. Schools must notify you and your child one year in advance in the IEP.

Learn more: 34 CFR § 300.520; MD guidance [MD IEP Guide](https://olms.cte.jhu.edu/421520)

11. Your Procedural Safeguards Notice

What it means: Schools must give you a complete notice of these rights at least annually and at key points (referral, complaint, etc.).

Maryland copy: MSDE Procedural Safeguards (parent page) [MSDE Family Support](https://www.marylandpublicschools.org/programs/Pages/Special-Education/family-support/index.aspx)

Maryland help you can tap today

MSDE Family Support & Dispute Resolution: Guidance, mediation, complaint info [MSDE](https://www.marylandpublicschools.org/programs/Pages/Special-Education/family-support/index.aspx)
Parents’ Place of Maryland (PPMD): Parent training and support [PPMD](https://www.ppmd.org)
Disability Rights Maryland (DRM): Legal advocacy [DRM](https://disabilityrightsmd.org)

Anne Arundel County Special Education Resource Center (SERC) [AACPS SERC]
(https://www.aacps.org/serc)
Anne Arundel Special Education Citizens’ Advisory Committee (SECAC) [AACPS SECAC](https://www.aacps.org/secac)
Maryland IEP Process Guide (step‑by‑step) [IEP Guide](https://olms.cte.jhu.edu/421520)

Quick next steps (copy‑and‑send)

Email the principal and special education office:

“I am requesting a comprehensive special education evaluation under IDEA and Section 504, and a meeting to review interventions tried so far. Please confirm timelines, assessments to be used, and meeting dates. I also request copies of my child’s education records.”

Pro tips from an advocate

Keep everything in writing; recap meetings by email.
Ask, “What data will we collect, how often, and how will you share progress?”
If a key member can’t attend, ask for written input in advance—or reschedule.

You’ve got this. The safeguards exist to ensure your child gets the right help, at the right time, in the least restrictive environment—with you as a full partner

Key legal links (for your bookmarks)