Special Education: Parent's Rights

The Individuals with Disabilities Education Act (IDEA) provides specific rights to parents of children with disabilities to ensure their child receives appropriate education and services. The Individuals with Disabilities Education Act (IDEA) ensures parents of children with disabilities have rights to actively participate in and make decisions about their child’s education. Here’s a clear breakdown of your rights:

1. Records and Confidentiality

• View your child’s education records at any time.

• Request changes or add comments to records if needed.

• Obtain copies of records and the IEP (fees may apply for copies, but not for searching/retrieving records).

• Authorize others to access records with written consent.

• Your child’s records are private—only school personnel working directly with your child can access them without consent.

  
  

2. Evaluation Rights

• Your child has the right to a full evaluation to determine eligibility for special education.

• Evaluations must:

  • Cover all areas of suspected disability.

  • Include multiple tests and be conducted in the child’s primary language.

  • Be updated at least every three years with your input.

• If you disagree with the school’s evaluation, you can request an independent evaluation at the school’s expense.

  
  

3. Least Restrictive Environment (LRE)

• Right to Free and Appropriate Public Education (FAPE):

  • Parents have the right to ensure their child receives a free, appropriate public education in the least restrictive environment (LRE), meaning the child should be educated with non-disabled peers as much as possible.

• Your child has the right to learn alongside non-disabled peers whenever appropriate.

• Schools must provide accommodations and modifications to ensure participation in classroom activities and programs.

  
  

4. Participation in Decisions

• Right to Participate in Meetings: Parents have the right to be invited and participate in all meetings related to their child’s IEP, evaluations, and educational placement.

• Be involved in all decisions about your child’s education, including developing their Individualized Education Program (IEP).

• Receive notices of your rights and invitations to meetings.

• Meetings must be scheduled at convenient times for all parties, and documents must be provided in accessible formats (e.g., native language, Braille, sign language).

• You can excuse or decline to excuse IEP team members from meetings.

  
  

5. Consent Rights

• Right to Prior Written Notice:

  • Parents must receive written notice from the school before changes are made to the child’s educational placement or services. This notice must explain the school’s decisions and actions.

• Schools need your written consent for:

  • Evaluations or re-evaluations.

  • Special education placement or changes.

  • Releasing records to others.

• You can revoke consent at any time in writing.

  
  

6. Dispute Resolution

• Resolve disagreements through:

  • Mediation: A voluntary process both you and the school must agree to.

  • Due Process Hearing: A legal hearing conducted by an impartial officer.

  • Formal Complaints: Filed with the state Department of Education for investigation.

• During disputes, you can request that your child remain in their current placement.

  
  

7. Discipline Procedures

• Schools must follow specific procedures when disciplining students with disabilities.

• Your child retains the right to an education that meets their IEP goals, even in alternative placements.

• Special procedures apply for incidents involving drugs, weapons, or other serious rule violations.

  
  

8. Surrogate Parents

• If you cannot be located or the child is a ward of the state, a trained surrogate parent may be assigned to act on the child’s behalf.

  
  

9. Private School Placement

• If you choose a private school, inform the IEP team and explain your concerns.

• The school district is not required to cover private school costs if they offered an appropriate public education.

• However, different placement can be offered at district expense if the FAPE and LRE has not been met for the child.

These rights ensure that parents are involved and informed throughout the special education process, helping to secure the best education for their child.