Parental Rights under IDEA

Question 1

Parental rights categories

Answer 1

• right the initiate procedures
• right to receive and understand information and notices
• right to participate in decision-making
• right to be considered (heard)
• right to give or deny consent
• right to receive assistance/support
• right to procedural safeguards
• right to timely action

Question 2

Right to initiate procedures

Answer 2

• May request an initial evaluation
• May request changes in IEP
• May request re-evaluation

Question 3

Right to participate in decision-making

Answer 3

• must take part in eligibility decisions.
• must take part in placement decisions.
• must be members of the IEP team and be actively engaged in developing the IEP.

Question 4

Right to receive and understand information and notices

Answer 4

• have the right to examine all records.
• must receive a description of procedural safeguards in native language and easily understandable.
• must receive written prior notice of any action of refusal to take action in native language and easily understandable.
• must receive written input from any excused team member prior to the IEP team meeting.

Question 5

Right to contribute (be heard)

Answer 5

• have the right to contribute information to the evaluation.
• must have their concerns considered when developing the IEP.

Question 6

Right to give or deny consent

Answer 6

• must agree to initial evaluation
• must agree to any initiation or change in service, modification, or placement.
• must agree to the excusal of any require IEP team member from an IEP team meeting.

Question 7

Rights to receive assistance/support

Answer 7

• must be given access to help in understanding written notices.
• must have access to a parent training and information center or community parent resource center.
• must have access to “a model form (developed by the state) to assist in filing a complaint and due process complaint notice.”

Question 8

Right to procedural safeguards

Answer 8

• May appeal school or district decisions.
• have the right to an impartial hearing.
• May appeal hearing officer rulings to the state level.
• have the right to take civil action.

Question 9

Right to timely action

Answer 9

• schools or districts must conduct initial evaluations within 60 days of parental request or consent.
• schools or districts must respond to parents’ complaints within 10 days.