PARENTAL RIGHTS Flashcards
Parental rights
* The federal regulations for IDEA
The federal regulations for IDEA 2004 include a section (Subpart E)
called Procedural Safeguards.
– protect the rights of parents and their child with a disability
– give families and school systems several mechanisms by which to resolve
their disputes.
Parents have the right to… (IDEA 2004)
Receive a complete explanation of all the procedural safeguards available under IDEA and the procedures in the
state for presenting complaints
– written in a language understandable to the general public; and
– provided in the native language of the parent or in another mode of communication that’s used by the parent,
unless it is clearly not feasible to do so
* Confidentiality and the right of parents to inspect and review the educational records of their child
– With some exceptions, parents must give your consent before the school system may disclose your child’s
personally identifiable information. (FERPA, the Family Educational Rights and Privacy Act). IDEA’s
confidentiality regulations refer directly to FERPA.
* Participate in meetings related to the identification, evaluation, and placement of their child, and the provision of
FAPE (a free appropriate public education) to their child
Parents have the right to… (IDEA 2004)
Parents have the right to… (IDEA 2004)
* Obtain an
Obtain an independent educational evaluation (IEE) of their child
– If the parent of a child with a disability does not agree with the results of the individualized evaluation of
your child, as conducted by the school system, they have the right to obtain an Independent Educational
Evaluation, or an IEE. They can ask that a professional, competent evaluator who is not employed by the
school system conduct another independent evaluation.
* Receive “prior written notice” on matters relating to the identification, evaluation, or placement of their child
* Give or deny their consent before the school may take certain action with respect to their child
* Disagree with decisions made by the school system on
– the identification of the child as a “child with a disability”
– the child’s evaluation
– the child’s educational placement
– the special education and related services that the school provides to the child
Right of parents and schools to use IDEA mechanisms
to resolve disputes
First, discuss concerns and try to reach a compromise. The compromise can be
temporary
2. Try to agree to test out a plan or an educational placement for a certain period of
time
3. At the end of that period, parents and school can review the child’s progress. IEP
team can meet again at the end of “test period” and help parents and the school
reach a common decision
If no agreement
The steps that the parents have to follow
1 Mediation
2 Due Process Complaint
3 Resolution Process
4 Due Process Hearing
5 State Complaint
Mediation
Parents and school sit down with an impartial mediator, discuss the areas of disagreement, and try to reach an
accord.
Due Process Complaint
Parents communicate in writing with the school system and describe the provision of IDEA that they perceive
the school has violated.
First step in the process by which parents request a due process hearing.
Resolution Process
Starts when the school system receives parents’ due process complaint
Includes a resolution meeting between parents and relevant members of the IEP team who have specific
knowledge of the facts identified in the parents’ due process complaint.
Due Process Hearing
the resolution process fails, parents and school present evidence before an impartial hearing officer
Hearing officer decides how to resolve the dispute
State Complaint
Parents communicate in writing with the State Education Agency (SEA)
Parents describe the provision of IDEA that they feel the school has violated.
SEA must generally resolve your complaint within 60 days
