10. Parents have the right to request that their child be assessed for Special Education without delay.
9. Parents have the right to list all of their concerns in the IEP.
8. Parents have a right to request a new IEP meeting be held within 30 days of a written request when an IEP is already in place.
7. Parents have the right to participate in the IEP meeting and have their opinions heard and noted.
6. Parents have the right to bring any person to an IEP meeting with knowledge of the child or the child’s disability including advocates and attorneys.
5. Parents have the right to review and receive copies of their child’s educational records.
4. Parents have the right to consent, refuse to consent or revoke consent for special education for their child.
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3. Parents have the right to receive Prior Written Notice when a school district proposes a change in a child’s placement or refuses a parent’s request.
2. Parents have the right to ask for an Independent Educational Evaluation at public expense when they disagree with the school district’s assessments.
1. Parents have the right to file complaints, including state complaints and due process complaints, and disagree with parts or all of the IEP.
Top Ten Parental Rights in Special Education,
jeannette said on October 12, 2011
I need help! do I have the right to stop special Ed, my daughter is in 2nd grade, in a smaller class and I want her her a regular 2nd grade class now. I told the school I would pay for a tutor and they are fighting with me. She had speech and Ot for the past4 years….what are my rights? Please email me ASAP, my daughter is not in school because of this. Thank you
Carla said on December 14, 2011
Jeannette, I am a student studying special education and yes, you do have the right to terminate services at any time. The school may feel like your daughter really needs the services and terminating them may cause her to fall behind. If you were to ever want her to receive services again you would have to go through the entire process again. I would discuss some different options on placement for your daughter before discontinuing services all together. Also maybe ask about letting your daughter participate in certain acitivites with a regular 2nd grade classroom such as lunch, pe, music, art, and recess. I respect your right to discontinue services but I would advise you to speak with your daughters teachers to try to work on a different placement arrangement so that her needs are met and everyone is happy! Hope that helps some!
Tim said on May 9, 2012
Question about IEP rights. If it is recommended that my child repeat a grade, do I have the right to refuse?
Doug Goldberg said on May 9, 2012
You always have the right to say no. Just state on the IEP that you disagree with holding your child back and that he will see being held back as a punishment. Also, you might want to state that your child is entitled to a free appropriate public education and if he is that far behind the IEP is not working and it’s time to update it and amend it.
That being said, make sure you fully think through what the school is offering and why. Most schools won’t suggest holding a child back and will automatically push the child ahead. If they really think its best for him to be held back make sure you fully analyze what they are suggesting and how they came to that opinion.
Jennifer said on April 2, 2013
I have an opposite question…if my child is on an IEP do I have the legal right to have my child repeat a grade? I want my 1st grader to repeat 1st grade and they tell me research shows that’s not good. But he’s wayyy too immature. I need help. I need to know my rights.
Laura H. said on April 24, 2013
Jennifer, Could you Email me ? I am having that same problem with my daughter in IL. Was hoping you make have found some information. Thanks!
mammalaura@hotmail.com
Sandra said on April 25, 2013
Hi Jennifer- I want the same for my 1st grader, to repeat. Did u learn anything about your rights? Any info would be great!
Sandra- Sandra@baeza.name
Rex said on May 12, 2012
My kid has autsim and when she gest up set she screams and yells. Becaus of this the nabers are complaining to the manager. What are our rights, and what can we do to keep our place?
jennifer said on September 17, 2012
I have a autistic 5 year old boy…his school is not allowing me to walk him directly to his classroom in the mornings. The school wants me to leave him at the door. I want to walk him to his class room every morning if i want and pick him up there as well if I want. I was told they don’t allow parents to walk their kids to their classrooms. I also want to be able to sit in on any of his classes during the day to observe when I want? Can I? …….Is it my right to walk him to his classroom as I please?????? Can I also sit in and observe when I want to and feel necessary?
Please help, they are stopping me at the school door and not letting me bring him in…
jen
Commentor said on March 17, 2013
If the school is asking you not to walk your student to his/her classroom, then it is most likely in your best interest not to. Your student needs to learn independence, and I am sure this is what the school is striving to do. I do not believe it is a “right” for you to walk your child to the classroom door. Most schools do not allow this for many good reasons. Your students access to a free and appropriate education is your right, however. You are entitled to observe the classroom, but keep it limited so the classroom daily routine is not affected.
Cathy said on October 15, 2012
We have a daughter who is 9 and has Down Syndrome. This new school year my daughter has had a lot of changes. First her aide of 4 years retired. Her aide asked if she could come in for a couple weeks to help the new aide with the transition. She was denied. We were shocked! We thought that wasn’t the best interest for our child. She also has a new home room teacher, and a new special Ed teacher. All these changes we thought we needed to have a meeting with her “team”. Now coming on to two months later and no meeting, we decided to move her to a neighboring smaller school. Now they want a meeting…..hummmmm. We have decided to keep the move due to a previous phone meeting with the director, with excuses. Special Ed teacher has over 100 kids, she not the only kid. The school we are transferring to had 10. Special Ed teacher just got out of school, first job. Transferring school has been a special Ed teacher for over 12 years. And the new special Ed teacher has no skills in math….what? So to say the least it was a no brainer. We still will have the same director, and we don’t see eye to eye. How much power do we have with these meetings? This is his first year up here and he is going by “research shows”, instead of my child being an individual, and last years progress. Example, my daughter doesn’t work well in groups. We wasted three quarters of the school year proving this. I asked for her not to be in groups again this year…..she’s in groups! She can’t focus with other kids around. What are our rights as parents. Don’t we have say on her education even though she is in the ESD program?
We believe transferring her to another school will help, but how or where can we get knowledge on our parental rights with ESD?
Sandra said on October 24, 2012
I have a 10 year old son that was placed on an IEP last year because of his ADHA. He was having trouble in reading and writing; after being tested for learning disabilities, the school found that he did not qualify for speacial ed because his test did not show he had a learning disability. After being placed on the IEP and put in tutoring his reading leave climbed and he was doing very well. His dad and I choose to put him in another school in another district which he has attended since 8/8/12. On 10/22/12 I recieved a call from the district office, and was told since my son was on an IEP and from outside of the school district they were not required to give him special ed, and he would be unenrolled by the end of the day. When I requested that the IEP be removed, I was told sorry your son will not be allowed to reattend school and we will not honor your request to remove the IEP. When I asked to speak with the womans boss, she told me he was busy. I asked her to please take my name and number and have him call me, she said ” sorry but he will be busy for the next few week and wont have time to talk to you.
Can they do this??????????????
michelle said on November 6, 2012
Hi I want my son evaluated for any learning disabilities he may have. There is family history, and he is really struggling in school. I was told by his teacher and the school that he could only be evaluated if she thougt that he needed it and that was only after a 3 month waiting period. She than went on to say that he probably wouldn’t even get an evaluation done if he needed one until the school year was over. Isany of this true? As a concerned parent, can I ask or, put strongly, demand he be tested? Also waiting until the year is over is not going to help him. He is basically going to not pass the grade he is in when it could be due to a learning disability. Also going back, if I have the right as a parent to request an evaluation, how do I go about doing so? Do I go through the school or some other channel? Thank you for any advice and help.
Michelle
Judy said on March 26, 2013
Michelle,
You need to fight the school on this. There is no reason you can not get him tested. Do your research there are all sorts of rights parents have. Also try http://www.pacer.org. They can help. I don’t know what your son may have, but I have a son that had issues in school. So we went to our family doctor, because the school felt he may not be eligible. So we were able to get a behavioral IEP, which does not mean a bad thing. We are still working on the IEP and pushing for it to be done by the end of the year. I hope this helps. I have learned even though it can be exhausting to fight to get that help.
Good Luck
elio919 said on April 19, 2013
last week my son had this annual IEP. and the principal is telling me, they going to transfer my son to a different school because he going to 4 grade… i haven’t sign the IEP yet but are calling me to sign… what i would like to know is!! if i sign the IEP would they move my son??? what can i do to keep my son at the same school he is now….
aL said on May 3, 2013
Elio919…
Do not sign the IEP, if you do sign you are consenting to doing so and he will be moved to another school. As long as you don’t sign it, he will stay put as is.