Section 26Sec./Art. 26

Procedural Safeguards. -The DepEd shall establish and maintain procedures to ensure that learners with disabilities and their parents or guardians are guaranteed procedural safeguards for the enforcement and protection of their rights under this Act, including the provision of free and appropriate public education.

Procedural safeguards shall include the creation of policies, procedures, and other administrative approaches which include, but not limited to, the rights of the learners with disabilities or their parents or guardians to be informed in their mother tongue, and be served written notice on matters affecting the education of the learners with disabilities; the right to confidentiality of personal identifiable information including the right of parents to written notice and written consent to the exchange of such information among agencies.

This shall also include the opportunity for the learners with disabilities themselves, their parents or guardians to examine all related records and to participate in meetings with respect to the identification, evaluation , educational placement, and provision of education programs to learners with disabilities.

The DepEd shall likewise ensure the speedy and timely administrative resolution of complaints filed by learners with disabilities, their parents, guardians, care providers, or other immediate family members, which shall be promptly acted upon and resolved not later than thirty (30) calendar days from receipt of the complaint. Any private school, government official, and employee, and CDC or ILRC personnel who shall cause any undue delay and fail to comply with the said prescribed period shall be held administratively liable.