IDEA and Parental Rights in Special Education
Parents and Teachers as Partners in Educating Disabled Students
Jun 15, 2009
One of IDEA's (Individual With Disabilities Act) foremost purposes is to protect the rights of children with disabilities and the rights of their parents, holding both sides accountable for their decisions. In fact, the 2004 amendment states that the education of disabled students will be made more effective by "strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home."
Parents on the Team
Parents should be members of the evaluation team, the team that assesses the strengths and weaknesses of the student and determines whether there is a disability present and the IEP (Individualized Education Program) team, the team that develops the services and placement of the student. To ensure that parents can participate, schools are required to give 10-day advance notice of meetings, which are to take place at convenient times, or schools need to provide the option of a video conference or conference call. The school must also provide interpreters for the parents, if necessary. Parents, as team members, should be given access to the formal student records and need to give consent to release these records to others not on the IEP team.
Requesting Evaluations
Parents have the ability to request that their child be evaluated by the school to determine if the student has a disability. They may also request a reevaluation if they feel new information would be beneficial to make the child's education more effective. If, on the other hand, the school feels the child should be evaluated, then the parent has to give consent to the initial evaluation. The parents also need to consent to any services to be provided to the disabled student.
Private School and Tuition
The parents may, at any time, remove their child from public school and enroll the student in a private school at their own expense. If the parents believe that the proper process was not followed, or that the special needs student is not receiving a beneficial education, they can seek tuition reimbursement but must provide prompt notification to the IEP team and be prepared to provide factual evidence of the problem.
Disputes and Due Process
Sometimes collaboration fails. If parents feel that evaluation procedures were not followed or that the special needs student is not receiving an individualized program that suits their needs, they have the right to lodge a complaint. The school then has 30 days to resolve the complaint to the parents' satisfaction. If the dispute is not corrected, parents have the right to due process, where they can retain an attorney and hold hearings with witnesses and evidence.
Conscientious parents need to become educated and involved so the special needs child can receive appropriate placement and services. Parents need not be afraid to exercise their rights or rights on behalf of their child. It is a serious responsibility, but the law felt it was important to ensure parent participation rights in special needs education.
Source: Turnbill, H. R., M. J. Stowe and N. E Huerta. Free Appropriate Public Education: The Law and Children With Disabilities. Denver, CO: Love Publishing Company, 2007.
