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.
Requesting School Services for Ages 5-22
The process of qualifying for special education services is similar for older students except that the tests are no longer play-based but more standardized (IQ test, adaptive skills, language assessments, etc.). However, the same timelines apply. The IEP team must review and rewrite the IEP each year.
In addition, school personnel evaluate your child every 3 years to update their level of performance and to confirm they still qualify for services.
Students on an IEP can stay in school until the age of 22. Special Education is designed to prepare students with disabilities for further education, employment, and independent living. So, the years between ages 18 and 22 are traditionally used to help students learn additional life and vocational skills.
Ohio Autism Scholarship Program and Jon Peterson Special Needs Scholarship Program
Many children make progress in a public preschool setting. However, because many doctors – and research supports – that children should receive 10 – 25 hours a week of intensive, one-on-one educational intervention, the state of Ohio offers an alternative. The Autism Scholarship Program (ASP) allows parents with a student who qualifies under the special education identification of Autism, the ability to opt out of public education services and receive funding to place their child in a program run by a privately registered provider, i.e., a specialized, private school for children with Autism. The program empowers parents in choosing the best educational setting for their children with Autism, allowing them to access specialized services and programs that meet their unique needs and contribute to their educational success. ASP provides financial assistance to eligible families, helping them afford educational options that may better address the specific challenges associated with Autism.
In addition, the state of Ohio sponsors the Jon Peterson Special Needs (JPSN) Scholarship Program, a program that provides scholarships to families with students with disabilities the choice to send their child to a special education program other than the one operated by their school district of residence to receive the education and the services outlined in their IEP. A family may apply for only one scholarship per year.
More information about the ASP and the JPSN scholarships may be found on the Ohio Department of Education website. But do not hesitate to contact the Autism Society of Greater Akron for an explanation of the programs or to find approved providers who accept the ASP and the JPSN in your area.
