Learn Your Special Education Laws, Special Education Rights, and Share IEP Goal Ideas

You are browsing the archive for Parental Rights.

Avatar of Jess

by Jess

Resolving Disputes Between Parents and Schools

April 12, 2014 in Featured, The National Dissemination Center for Children with Disabilities by Jess

In drafting the provisions of IDEA, our nation’s special education law, Congress clearly contemplated that, at times, there would be disagreements between parents of children with disabilities and the school districts providing special education and related services to their children.

While it is expected that parents and school personnel will work in partnership to ensure children with disabilities are provided appropriate services, there are times when the child’s parents and school officials cannot reach consensus on what constitutes a free appropriate public education (FAPE) for an individual child. When such disagreements occur, parents and school districts can turn to IDEA’s procedural safeguards and dispute resolution options. . Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)
Avatar of Jess

by Jess

The Right to Disagree

April 12, 2014 in The National Dissemination Center for Children with Disabilities by Jess

Parents have the right to disagree with decisions that the school system makes with respect to their child with a disability. This includes the school’s decisions about:

  • the identification of the child as a “child with a disability”;
  • the child’s evaluation;
  • the child’s educational placement; and
  • the special education and related services that the school provides to the child. Read the rest of this entry →
VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)
Avatar of Jess

by Jess

Parental Consent

April 12, 2014 in The National Dissemination Center for Children with Disabilities by Jess

One of parents’ most important rights is the right to give (or not give) their consent for certain actions of the school system with respect to their child with a disability.

This short page will explain this right in detail.

The Definition of “Consent” Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)
Avatar of Jess

by Jess

Right to Receive Prior Written Notice

April 12, 2014 in The National Dissemination Center for Children with Disabilities by Jess

Parental rights under IDEA include the right to receive prior written notice from the school each time that the school proposes to take (or refuses to take) certain actions with respect to your child. Specifically, the school must provide parents with prior written notice each time that it:

  • proposes to initiate or change the identification, evaluation, or educational placement of your child;
  • proposes to initiate or change the provision of FAPE to your child (that’s a free appropriate public education);
  • refuses to initiate or change the identification, evaluation, or educational placement of your child;
  • refuses to initiate or change the provision of FAPE to your child. Read the rest of this entry →
VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)
Avatar of Jess

by Jess

Right to Obtain an Independent Educational Evaluation

April 12, 2014 in The National Dissemination Center for Children with Disabilities by Jess

If you, as a parent of a child with a disability, do not agree with the results of the individualized evaluation of your child, as conducted by the school system, you have the right to obtain what is known as an Independent Educational Evaluation, or an IEE (§300.502). This means that you may ask that a professional, competent evaluator who is not employed by the school system conduct another evaluation of your child.

If you request an IEE of your child, the school must provide you with information about where you can obtain such an evaluation. Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)
Avatar of Jess

by Jess

Parental Right to Participate in Meetings

April 12, 2014 in The National Dissemination Center for Children with Disabilities by Jess

The right to participate in meetings related to their child is one of the most important and powerful of parent rights.

Parents have the right to participate in meetings with respect to the:

  • their child’s identification,
  • their child’s evaluation,
  • their child’s educational placement, and
  • provision of FAPE (free appropriate public education) to their child. Read the rest of this entry →
VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)
Avatar of Jess

by Jess

Confidentiality and Access to Student Records

April 12, 2014 in The National Dissemination Center for Children with Disabilities by Jess

IDEA and other federal laws protect the confidentiality of your child’s education records. These safeguards address the following three aspects:

  • the use of personally identifiable information;
  • who may have access to your child’s records; and
  • the rights of parents to inspect their child’s education records and request that these be amended to correct information that is misleading or inaccurate, or that violates the child’s privacy or other rights. Read the rest of this entry →
VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)
Avatar of Jess

by Jess

Right to Receive a Complete Explanation of IDEA’s Procedural Safeguards

April 12, 2014 in The National Dissemination Center for Children with Disabilities by Jess

At least one time a year, the parents of a child with a disability must receive from the school system a complete explanation of all the procedural safeguards available to them, as parents, under IDEA. This explanation is called the “Procedural Safeguards Notice.”

In this page, we’ll examine the purpose and contents of this notice, the times that parents will receive it, and other aspects of this important safeguard. Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)

Putting an Appropriate IEP Team Together

March 22, 2014 in Special Education Advisor Blog by Doug Goldberg

Pete Wright, the Godfather of Special Education law, has often been quoted saying, “Unless you are prepared to remove your child from public school forever, you need to view your relationship with the school as a marriage without the possibility of divorce.” While this may be true regarding the School relationship, this isn’t the case for individual members of the IEP Team. IEP Team members change frequently and it’s amazing how adding or removing one person from the IEP Team can make a huge difference in the quality and implementation of an IEP. While the Parents are not normally in control of the IEP team members from the School, there are methods the Parents can use to add or remove members. Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 5.0/5 (1 vote cast)

It’s All the Parents Fault!

January 26, 2014 in Special Education Advisor Blog by Doug Goldberg

How often have you heard the School District blame the Parents for the failure of an IEP?  I’ve heard it more often than I would like and it’s more common than some would like to believe.  This very topic was at the heart of a recent appeals proceeding conducted by the 9th Circuit Court of Appeals in the case of Anchorage School District v. M.P..  The 9th Circuit was reviewing a ruling from a District Court that was “declining to consider whether M.P. received a FAPE (Free Appropriate Public Education) because his parents were equally or more at fault for the absence of an updated IEP.”  This ruling from the District Court, if upheld by the 9th Circuit, would have undermined the entire process established by Congress in IDEA and the rights afforded to parent’s to protect their child’s right to receive FAPE.  The 9th Circuit understood the enormity of what the District Court had ruled and agreed to a judicial review of the lower court’s decision.  During that review, “The school district argued that the parents were at fault because “they left the IEP meeting, did not file a dissenting report,” and did not adequately communicate their concerns to the school district.”  The 9th Circuit Court of appeals disagreed and wrote the following: Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 4.3/5 (7 votes cast)