Parental Rights in Special Education
#1 Right To Participate: Every parent has the right to participate in all decision-making meetings held to develop an IEP for their child. These meetings are backed by FAPE (Free and Appropriate Education) and include the child’s eligibility, evaluation, educational placement and any other matter pertaining to his education. In the case there isn’t a parent available for these meetings, a surrogate parent can be appointed by the school district or the court system to adequately represent the child.
#2 Right To Written Notice: You have the right to receive written notice before any changes are made in your child’s special education plan. This pertains to changes in disability identification, additional evaluations and educational placement initiated by the school district.
#3 Right To Consent: Parents have the right to provide informed, written consent (in the form of a signature) for the special education IEP. This should be before the assessment process or the provision of special education and related services. This consent is necessary before any changes are done to the program already in place. Parents should only supply their signature once they have a clear understanding of the IEP team proceedings. Also, you have a right to request an interpreter if your native language is different from English or if you are deaf. You can also have all IEP documents and written notices translated. Keep in mind; parents have the right to refuse the evaluation or educational placement of their child.
#4 Right To Access Educational Records: If your child is enrolled in special education and has an IEP, you have the right to their educational records. This means you can…inspect, evaluate, and request copies of your child’s educational records.
#5 Right To Request a Hearing: You have the right to request a hearing for any complaints concerning the provision of FAPE. During the hearing, you can request that an advocate, attorney, or if appropriate, your child be present. Furthermore, parents have the choice to make the hearing public.
#6 Right To Keep Child in Current Placement: You have the right to disagree with any proposals to change your child’s placement. When a disagreement surfaces, your child should remain in their current program until resolved.
#7 Right To Mediation: When a disagreement arises, parents are free to seek voluntary and impartial mediation to help find a mutually agreed-upon solution regarding their child’s special education IEP.
#8 Right To Information on Disciplinary Action: Children enrolled in special education have specific rules when it comes to suspension or expulsion. If these instances extend for more than ten days, an IEP meeting should be called to assess how your child’s disability could be contributing to his misconduct.
