PARENT/STUDENT special ed RIGHTS

PARENT/STUDENT RIGHTS

1. Right to request your child to be evaluated as per IDEA (federal) regs (not simply screen your child), and the right to receive written notice from the school/sch district if they refuse to evaluate as per IDEA regs. You have the right to file for “due process” (an appeal basically) if they do provide you with notice (PWN= prior written notice) that meets IDEA standards. If they don’t provide you with PWN then you can file a state complaint for their failure to follow procedure.

2. You have the right to a copy of the eval to review prior to the eligibility meeting.

3. You have the right to disagree with the district’s education evaluation that meets IDEA regs, and request an “IEE at public expense”. Basically requesting the district pay for an independent (private) eval. The district must either provide the IEE at their expense or file for due process.

4. Eligibility for special ed services, etc., can NOT be based solely on grades, nor can it be based upon any other subjective measurement. They can NOT deny eligibility based solely on grades. They must use objective measures and use more than one in determining eligibility. They also must consider private evals, doctor’s opinions, etc., this doesn’t mean the IEP team must include it, but it must be considered. They must include parent input.

5. If your child qualifies under one or more of the special ed categories (spec ed federal law is under IDEA, the individual’s with disabilities education act) you & your child have many rights:

The right to a FAPE (free appropriate public education), which includes an IEP (Individualized Education Program) specific to meet your child’s needs (placement, services, etc.) and reasonably calculated for the child to benefit from the IEP. What does this mean? It means that they are not required to provide the best possible services, etc., but they must provide adequate placement & services to give your child an equal opportunity to succeed like his non-disabled peers. Basically they must level the playing field. They can NOT base services, placement, etc., on what they offer other children, what they currently have available, on how much it cost. This includes any related school activities, programs, etc. (sports, band, etc.)

The child MUST be placed in the least restrictive environment (LRE) that they can benefit from their IEP in, for some kids that may be a regular ed class, for others it could mean sending them to a special school. Placement is based on their needs not their disability category, cost, or availability, even if it means they have to make a special class just for your child. You are part of the IEP team, which is who makes all of these decisions. The district must make available a “continuum” of settings and services to meet their individual needs according to IDEA.

6. You have the right to receive PWN that meets IDEA requirements anytime the district proposes changes to the IEP OR Refuses your request to change the IEP.

7. You have the right to access your child’s education records.

8. You have the right to request to reconvene the IEP anytime you feel it is necessary

9. You have the right to invite anyone with knowledge of your child or expertise in any areas relating to your child, including but not limited to; teachers, tutors, advocates, attorney, relatives, doctors, and more.

10. You have the right to disagree with the rest of the IEP team and not sign the IEP, you also have the right to take it home and look it over before signing.

11. You have the right to write on the IEP, you are part of the IEP team, I haven’t found any regulation state or federal that prohibits you from writing on the IEP documents.

12. You have the right to file state and/or federal complaints if the district violates spec ed and/or section 504 regulations. You can also file discrimination complaints with other agencies.

13. You have the right to request that all IEP team members receive info and training specific to your child’s disabilities and needs.

14. You have the right to request that any IEP team members who have not received training specific to your child’s disabilities and/or has a conflict of interest (such as someone who is in charge of district budgets, someone processing your state/federal/district complaints relating to the IEP), an official representative of the district (IEP ODR) who does not have adequate district authority, which are being counter-productive to be removed from the IEP team.

15. You have the right to know the credentials of those evaluating, educating, etc., your child. You have the right to review any/all parts of the IEP including goals, objectives, methods of instruction, settings, placement, and more before making any decisions.

16. You have the right to be a squeaky wheel, when they are ignoring you. Make sure all correspondence is via certified mail, or in person (camping out in administrative offices, if necessary to get answers). Keep in mind, you have to be nice and maintain your cool. If they say so and so is who handles that and they aren’t at school right now, tell them that’s o.k. I got all day to wait for someone who can help, heck I may have all week, by the way that is a nice outfit you have on.

***You have more rights, and I will post them as I think of them***

Here are some links elaborating on things listed above:

Wrights law -Passing Grades, IQ Scores & Evaluations of Students with Learning Disabilities: wrightslaw.com/info/elig.sld.osep.felton.htm

Wrights law -MEASURING PROGRESS Tests and Measurements for the Parent, Teacher, Advocate & Attorney www.wrightslaw.com/advoc/articles/tests_measurements.html

US Dept of Ed IEP Guide www.ed.gov/parents/needs/speced/iepguide/iepguide.pdf

How parents can respond to comments/questions in IEP or other Meetings www.bridges4kids.org/IEP/Tips.html

IDEA www.ed.gov/policy/speced/guid/idea/idea2004.html

Parent Training and Info Centers and Community Parent Resource Centers Parent Centers serve families of all ages (birth to 26) and all disabilities (physical, cognitive, behavioral, and emotional). Parent Centers provide a variety of services including one-on-one support and assistance, workshops, publications, and Web sites. The majority of Parent Center staff and boards are parents of children with disabilities, so they are able to bring personal experience and empathy when working with families. http://www.taalliance.org/ptidirectory/index.asp wdcrobcolp01.ed.gov/Programs/EROD/org_list.cfm?category_ID=SPT

PRIOR WRITTEN NOTICE (PWN) is a Powerful tool community.greatschools.net/groups/11554/discussion/168191

Goal Setting On The IEP -- It Should Be Grade Level Equivalency (UNLESS THE STUDENT IS "GIFTED") Is The Goal of Your Child's IEP a Reasonable Amount of Growth for One Year? Is the goal on the IEP for your child a reasonable amount of growth for one year based on that child's unique needs and unique position? "We first interpreted the phrase free appropriate public education when we rejected the notion that the provision of any educational benefit satisfied IDEA, holding that IDEA clearly imposes a higher standard... and requires a satisfactory IEP to provide significant learning and confer meaningful benefit. .. When students display considerable intellectual potential, IDEA requires a great deal more than a negligible benefit." (at 44) "It appears that the District Court may not have given adequate consideration to ME's intellectual potential in arriving in its conclusion that Ridgewood's IEP was appropriate. Although its opinion discussed the IEP in considerable detail, it did not analyze the type and amount of learning of which M.E. is capable." web4.org/WappingersSEPAC/IEP%20Goal%20setting.htm