Wrightslaw: From Emotions to Advocacy
The Special Education Survival Guide by Pam Wright & Pete Wright
The Special Education Survival Guide by Pam Wright & Pete Wright
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Includes Wrightslaw: Special Education Law, 2nd Ed., Wrightslaw: From Emotions to Advocacy, 2nd Ed., Wrightslaw: All About IEPs and Wrightslaw: All About Tests and Assessments, 2nd Ed.
Your Rights and Responsibilities Under IDEA
Right to a Free and Appropriate Public Education
Your rights begin with your childs right to a Free and Appropriate Public Education. This is often referred to as FAPE.
Free means that your childs education is at public expense, at no cost to you. Appropriate means that the educational program for your child will be tailored to his or her individual needs. Any change in the provision of FAPE to your child should be in writing.
You, as a parent, have the right to be fully informed by the school of all rights that are guaranteed to you under the law. Each state, county, and school system has written policies and guidelines that are available to you. Ask your childs school to send you copies.
Your rights include:
1. The right to be notified, whenever the school wants to evaluate your child, either to identify a possible disability or to measure changes in your childs needs; the school wants to change your childs educational placement; or the school refuses your request for an evaluation or a change of placement. The school must notify you in writing for all of the above.
2. The right to request an evaluation of your child if you think your child may need special education and/or related services. You should put this request in writing.
3. The right to informed consent.
4. The right to an independent evaluation from professionals outside the school system.
The results of these evaluations must be considered in any educational decisions made for your child. You also have the right to request that the school system pay for an independent evaluation if you believe the schools evaluation was not appropriate.
5. The right to a re-evaluation to determine if your childs educational needs have changed.
Depending on the results of this re-evaluation, a new Individualized Education Program (IEP) may be developed and a change in placement may be recommended.
6. The right to have your child tested in the language he or she knows best.
For example, if your childs primary language is Spanish, and he or she is not fluent in English, then you have the right to request that your child be tested in Spanish. If your child is deaf, he or she has the right to an interpreter during testing.
7. The right to review all your childs records.
You may also obtain copies of these records, although the school may charge you a reasonable fee for making copies. If you feel that any of the information contained in your childs records is inaccurate or misleading or violates the privacy or other rights of your child, you may request that the information be changed. If the school refuses your request, you have the right to request a hearing to question the schools refusal.
8. The right to participate in the development of your childs IEP.
The school must make every effort to notify you of the IEP meeting and to arrange it at a time and place that is convenient for everyone who will attend.
9. The right to have your child educated in the least restrictive educational environment.
Whenever possible, students should be educated in their neighborhood school with other children their age. The specifics of how this will be accomplished is part of the IEP.
10. The right to have your childs IEP reviewed and revised.
The school must review your childs IEP at least once a year and must re-evaluate your child at least once every three years. But you, as parents, can request an IEP review at any time you feel that your childs needs have changed.
11. The right to mediation; a due process hearing.
If the school and family cannot come to an agreement on the needs, placement, or program of a student, both parties have the right to request a due process hearing to resolve their differences.
The special education team includes education specialists, therapists, medical personnel, the parent(s) or person(s) who have custody of the child, and the child when appropriate. As a full member of this team, the parent has responsibilities. These may not be as clearly defined as your rights, but they are just as important. Your most basic responsibility is to be an active team member, to establish effective communication between home and school, and to share information about your childs education and development with other members of the team.
Your responsibilities include:
1. After finding that your child is eligible for special education and after an IEP has been written, but before placement is determined, try to visit the proposed classes/schools and any alternatives that are being considered for your child. This will help you become familiar with the programs under consideration. Talking to other parents is very useful, but seeing programs for yourself is also important.
2. Before going to visit a school to look at a program, call ahead and ask the principal to schedule a time for you to visit. This is not only polite, but will assure that your visit comes during a regularly scheduled activity. If you also want to talk to the teacher, let the people arranging the observation time know, so that they can schedule a meeting.
3. Once your child is settled in his or her school class, find time to visit at least once or twice a year to see how your child is doing. Often volunteering to help with school or classroom activities is an effective way to get involved. Teachers appreciate the help, and it gives you the opportunity to see your child in a school situation.
4. Notify your childs school, teacher, therapist(s), or nurse of any changes that would affect your childs participation in school. Examples include: changes in your childs medical condition or medication; extreme difficulty with homework; boredom with school work; social difficulties; or any other related difficulties the school personnel should be aware of.
5. Provide the school staff with any relevant information from outside evaluations. Have copies of these reports sent to your childs school.
6. If problems arise, you should communicate your concerns about your childs special education program to the school. Talk to the principal, teachers, therapist(s) etc. to allow everyone involved in your childs schooling to informally observe the situation and make adjustments before minor problems become major difficulties.
7. Let school staff know when you observe signs that your childs current program may need to be changed. The more time the school has to arrange for re-evaluations, the better.
8. If your child needs any special arrangements for testing, such as assistive technology, an interpreter, or foreign language tester, let the school know right away. Even if your childs teacher knows about his or her unique needs, the evaluation staff may not be aware of them and will need time to make the proper arrangements.
9. If you would like to review and/or obtain copies of your childs records, make this request, in writing, several weeks before you need to have these records. School secretarial staff may be quite busy, especially at certain times of the year. Also, records from previous years may be kept somewhere other than in the school building, making access more complicated than just opening a file drawer.
10. It is very important that you attend IEP meetings. These meetings generally occur only once a year and are usually held during the day.
If you have a job, talk to your employer or make any necessary child care arrangements so that you will be able to attend during the work day. If you have difficulties getting away during these hours, inform your childs teacher and ask if the school can be of assistance. Sometimes the school can work out child care needs or talk to an employer to help you find the time to attend the IEP meeting.
11. Any time you have scheduling difficulties with school meetings, tell the school people involved in that meeting. They will want to know that you are interested in your childs schooling and that you want to be actively involved. There are always situations in which people cannot coordinate their schedules; the more information the school has about your schedule, the more they can work to arrange meetings and school functions at more convenient times for you. All too often, educators interpret poor attendance as lack of interest.
12. If you are in disagreement with the school on any aspect of your childs program, try to work out the disagreement before resorting to a due process hearing.
Many schools now have formalized methods for mediation or can make such arrangements. Mediation can often bring solutions to light and is less negative than more formal or legal action. In any discussion of rights and responsibilities, it is important to remember the spirit of the law. The goal should always be the same: to provide the best opportunities for success for all children, including those who have differing needs and abilities. To achieve this goal it is important that all people involved in special education planning work together. Its even part of the law. As team members you will each need to communicate your opinions and concerns constructively. It is not always clear what opportunities are needed for a student with special needs and which will be best. Thus, arriving at a solution to disagreements may require some trial and error and some compromising.
[This document was originally developed in 1991 by Interstate Research Associates, Inc., pursuant to Cooperative Agreement #H030A00002 with the Office of Special Education Programs of the United States Department of Education. It was made available via the Internet through Cooperative Agreement #H030A30003 between the Academy for Educational Development and the Office of Special Education Programs of the U.S. Department of Education.]
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