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Parental Rights in Special Education

Parental rights in special education in the United States are called procedural safeguards. The , Individuals with Disabilities Education Act (IDEA) lays the foundation for parental rights. Each state adopts their own procedural safeguards based on the guidelines laid out in IDEA. I am asked quite often about three parental rights. One of your parental rights is the right to ask for an independent educational evaluation if you disagree with an evaluation that the district conducts. Another parental right afforded to you is your right to review your child’s educational records. Another parental right is the right to file a due process claim and have an independent hearing if you disagree with the Individualized Education Program (IEP) or the IEP process.

When your child is initially referred to special education and you give permission to the school district to evaluate your child, several formal and informal assessments are conducted to determine if your child meets the criteria for receiving special education services. Re-evaluations to determine if your child remains eligible for special education services are also conducted every three years or more often if the parent requests it or the school district feels it is necessary. If you disagree with an assessment completed by the school district, you have the right to request that an independent evaluation be completed at no expense to you. You must have a valid reason for your disagreement with the evaluation and you need to follow the district’s process spelled out in your procedural safeguards handout to receive the independent evaluation.

You also have the right to inspect and review your child’s educational records. There are often many records kept on your child other than the formal reports you receive such as the IEP progress reports and the report card. You may put in a formal request to view all of your child records. This could include observations of your child, classroom data regarding behavior and academic progress, informal assessments, discipline records, parent contact records and staff records. If you wish to review your child’s records, you usually need to submit your request in writing per the procedural safeguards protocol.

Another procedural safeguard is that you (or the school district) have the right to file a due process claim and receive a hearing by an unbiased hearing officer if you disagree with something in the IEP or during the IEP process. If you have a disagreement with the school district about the IEP or the IEP process, it is best to attempt to work it out with the district. If you do not believe that your disagreement was adequately addressed and you still believe that part of the IEP is inappropriate or inadequate, that the IEP is not being followed, that the IEP process was not conducted according to the law and/or that you or your child were denied something that is your right follow the district’s procedure for filing a due process claim.

An IEP is a legal agreement between you and the school district for the provision of special education services to your child. The intent of the procedural safeguards is to protect all parties involved in the IEP process-your child, you as guardians and the school district. You should receive a copy of the school district procedural safeguards based on your state’s laws at least once a year. You may also request a copy from your child’s or the district’s special education department at any time.

Remember that you are your child’s best advocate. When school districts and parents work together it benefits children with special needs greatly. There are times when you may disagree with your child’s school district and it is important that you fully understand your legal rights. For more information about your parental rights, IEPs and parental advocacy for your child with special needs please visit my blog at, http://www.whatisiep.com/

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IEP Summary Letter Can Help You Win a Special Education Dispute With Your School District!

As a for over 20 years I get frustrated by the treatment of parents by school personnel. This frustration becomes acute at individual educational plan (IEP) meetings when I experience the intimidation and retaliation that many parents also experience. I was recently advocating in a southern Illinois town for a young man with Autism when my frustration began to bubble over. After I calmed myself down after the meeting, I began writing a letter to the personnel in the school district where I attended the IEP meeting, for the parents. I documented things that were said, the nasty attitudes of the special personnel, and the federal special laws that I found were not complied with. I was pleasantly surprised when the next meeting seemed to be less contentious and more productive.

I realized that IEP summary letters could be used by all parents to document things that happen at meetings. You could document comments made by a special education person, you could document denials for needed services, or violations of IDEA 2004. Documentation is critical to win any dispute between yourself and special education personnel. This type of letter can be used at a due process hearing or a complaint to win a dispute with your school district.

Below are 9 things to include in your summary letter:

1. Name and address of your school districts special education director.

2. Date of the letter.

3. Begin your letter with “This letter is to clarify and discuss what happened at the IEP meeting of ___________(Date).

4. Use quotes as much as possible; “Mr. R. stated that ESY can only be given to a child that has regressed after a break or summer vacation.” This is not consistent with IDEA 2004, and the summary letter allows you to document what was said and the noncompliance with .

5. Any important discussions that were not included in the IEP notes; such as your child’s behavior or specific related or special education services that you believe your child needs. Readdress your position on services that your child needs that the school refuses to provide.

6. Discuss what services and placement that you agreed upon, and also any services or placement that you did not agree upon.

7. Ask for PWN (prior written notice) on any service or placement that the school wants to give your child that you disagree with, or any service or placement that you believe your child needs and the school refuses to give them.

8. As much as possible quote IDEA 2004 or State Special Education Law to document any violations that the school personnel committed during the IEP meeting.

9. Type your name and address and below this place your child’s name, birth date, grade and school of attendance. Include this statement: Please keep a copy of this letter in my child’s educational record per FERPA (FERPA is the federal educational records law).

At the beginning of the meeting set a blank piece of paper next to you. Use this paper to put anything that is said or done, that you would like to put in your letter. Add an IEP summary letter to your other advocacy skills, and you may begin to see positive changes in your child’s IEP meetings. I have said for many years that schools get away with the horrible treatment of parents because of lack of accountability; this letter could force accountability on your school district, and change all that for you! Good Luck.

JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special eduation system, as an advocate, for over 15 years. She is a presenter and author of the book “Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game.” The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled “The Special Education Spotlight” send an E mail to: JoAnn@disabilitydeception.com. For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com/.

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