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Parents have a vital role to play in the education of their
children with disabilities. This fact is guaranteed by federal
legislation that specifies the right of parents to participate
in the educational decision-making process. Parents must become
informed members of the educational team to assure a successful
outcome for their children.
What Are Your Rights in the Special Education
Process?
The Individuals with Disabilities Education Act of 1997
(IDEA) is the federal special education law providing for
students with disabilities. A fundamental provision of IDEA
is the right of parents to participate in the educational
decision-making process. These rights include:
- Your child is entitled to a free appropriate
public education (meaning it is at no cost to parents and
meets the unique educational needs of your child).
- You will be notified whenever the school wishes
to evaluate your child for potential special education needs,
wants to change your child’s educational placement
or refuses your request for an evaluation or a change in
placement.
- You may request an evaluation if you think
your child needs special education or related services.
- You will be asked by your school to provide
“informed consent” (meaning you understand and
agree in writing to the evaluation and educational program
decisions for your child). Your consent is voluntary and
may be withdrawn at any time.
- You may obtain an independent evaluation if
you disagree with the outcome of the school’s evaluation.
- You may request a reevaluation if you think
your child’s current educational placement is no longer
appropriate. The school must reevaluate your child at least
every three years, but your child’s educational program
must be reviewed at least once during each calendar year.
- You may have your child tested for special
education needs in the language he or she knows best. For
example, if your child’s primary language is Spanish,
he or she must be tested in Spanish. Also, students who
are hearing impaired have the right to an interpreter during
the testing.
- You may review all of your child’s records
and obtain copies of these records, but the school may charge
you a reasonable fee for making copies. Only you, as parents,
and those persons directly involved in the education of
your child will be given access to personal records. If
you feel that any of the information in your child’s
records is inaccurate, misleading, or violates the privacy
or other rights of your child, you may request that the
information be changed. If the school refuses your request,
you have the right to request a hearing to challenge the
questionable information in your child’s records;
you may also file a complaint with your state education
agency.
- You must be fully informed by the school about
all of the rights provided to you and your child under the
law.
- You may participate in the development of your
child’s Individualized Education Program (IEP) or,
in the case of a child younger than four years old, the
development of an Individualized Family Service Plan (IFSP).
The IEP and IFSP are written statements of the educational
program designed to meet your child’s unique needs.
The school must make every possible effort to notify you
of the IEP or IFSP meeting and to arrange the meeting at
a time and place that is convenient for both you and the
school.
- You may participate in all IEP or IFSP team
decisions, including placement.
- You may request an IEP or IFSP meeting at any
time during the school year.
- You may have your child educated in the least
restrictive school setting appropriate. The school should
make every effort to develop an educational program that
will provide your child with the services and supports needed
in order to be taught with children who do not have disabilities.
- You may request a due process hearing or voluntary
mediation to resolve differences with the school that can’t
be resolved informally. Make your request in writing, date
your request, and keep a copy for your records.
- You should be kept informed about your
child’s progress at least as often as parents of children
who do not have disabilities.
What Are Your Responsibilities in the Special
Education Process?
Parental responsibilities can vary depending on factors
such as the child’s disabling condition. As a result,
parental responsibilities are less clearly defined than are
parental rights. However, some of the following suggestions
may be helpful to ensure that your child’s rights are
being protected:
- Develop a partnership with the school and
share relevant information about your child’s education
and development.
- Ask for clarification of any aspect of the
program that is unclear to you.
- Make sure you understand the program specified
in the IEP or IFSP before agreeing to it or signing the
form. Take the IEP or IFSP form home so you can review it
before you sign it. You have 10 school days in which to
make a decision.
- Consider and discuss with your child’s
teacher how your child might be included in the regular
school activities program. Do not forget areas such as lunch,
recess, art, music, and physical education.
- Monitor your child’s progress and periodically
ask for a report. If your child is not progressing, discuss
this with the teacher and determine whether the program
should be modified.
- Discuss with the school any problems that
occur with your child’s assessment placement or educational
program. If you are uncertain about how to resolve a problem,
you can turn to the advocacy agencies found in most states
for the guidance you need to pursue your case.
- Keep records. There may be many questions
and comments about your child that you will want to discuss,
as well as meetings and phone conversations you will want
to remember.
- Join a parent organization. In addition to
giving parents an opportunity to share knowledge and gain
support, a parent group can be an effective force on behalf
of your child.
How Can You Become Involved in the IEP or
IFSP Process?
Parents of children with disabilities should be involved
in the IEP/IFSP process as much as possible. The following
suggestions can help parents become more involved:
- Before an IEP/IFSP meeting, make a list of
things you want your child to learn.
- Bring any information that the school or agency
may not already have to the IEP/IFSP meeting. This could
include copies of medical records, past school records,
and test and medical evaluation results. Real-life examples
demonstrating your child’s abilities in certain areas
may be discussed.
- Discuss related services (speech therapy,
counseling, transportation, etc.) your child may need. Ask
each professional to describe the kind of service he or
she will be providing and what improvement you might expect
in your child as a result of these services.
- Discuss methods for handling discipline problems
that you know are effective with your child.
- Ask what you can do at home to support the
program.
- Regard your child’s education as a cooperative
effort. If you and the school cannot reach an agreement
about your child’s educational and developmental needs,
ask to have another meeting with the school. Allow time
for you and the school to gather more information. If, after
a second meeting, there is still a conflict over your child’s
program, you may wish to ask for a state mediator or a due
process hearing.
Where Can You Get More Information?
Many organizations have information to help guide parents
through the special education process. Your local school district’s
director of special education and his or her staff can help
you obtain such information and can guide you through the
process. Further resources are available from national organizations.
Some of them have state and local chapters that can provide
more locally based support. In addition, all states now have
federally supported parent information and training centers.
Links to these information sources can be found on our Resources
page.
Advocacy
Handbook: A Parents Guide for Special Education
Still
a Good IDEA-The Manual for Parents and Students About Special
Education Services in Texas
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