Rights and Responsibilities of
Parents of Children With Disabilities
Parents of children with disabilities have a vital role to play in the
education of their children. This fact is guaranteed in federal
legislation that specifies the right of parents to participate in the
educational decision-making process. As your child progresses through
educational systems, knowing and following through on your rights and
responsibilities ensures that you are a contributing partner with
professionals who will influence your child's future. This brochure
provides you with an introduction to your rights and responsibilities in
the special education process.
What Are Your Rights in the Special
Education Process?
Public Law 101-476 (IDEA) clearly defines the rights of children with
disabilities and their parents. A basic provision of the law is the right
of parents to participate in the educational decision-making process. Your
rights, more specifically, include the following:
- Your child is entitled to a free,
appropriate public education meaning it is at no cost to you as
parents, and it meets the unique educational needs of your child.
- You will be notified whenever the school
wishes to evaluate your child, wants to change your child's
educational placement, or refuses your request for an evaluation or
a change in placement.
- You may request an evaluation if you
think your child needs special education or related services.
- You should be asked by your school to
provide parent consent -- meaning you understand and agree in
writing to the evaluation and initial special education placement
for your child. Your consent is voluntary and may be withdrawn at
any time.
- You may obtain an independent evaluation
if you disagree with the outcome of the school's evaluation.
- You may request a reevaluation if you
suspect your child's current educational placement is no longer
appropriate. The school must reevaluate your child at least every 3
years, but your child's educational program must be reviewed at
least once during each calendar year.
- You may have your child tested in the
language he or she knows best. For example, if your child's primary
language is Spanish, he or she must be tested in Spanish. Also,
students who are hearing impaired have the right to an interpreter
during the testing.
- The school must communicate with you in
your primary language. The school is required to take whatever
action is necessary to ensure that you understand its oral and
written communication, including arranging for an interpreter if you
are hearing impaired or if your primary language is not English.
- You may review all of your child's
records and obtain copies of these records, but the school may
charge you a reasonable fee for making copies. Only you, as parents,
and those persons directly involved in the education of your child
will be given access to personal records. If you feel any of the
information in your child's records is inaccurate, 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 then have the right to request a hearing to challenge the
questionable information in your child's records.
- You must be fully informed by the school
of all the rights provided to you and your child under the law.
- You may participate in the development
of your child's Individualized Education Program (IEP) or, in the
case of a child under school age, the development of an
Individualized Family Service Plan (IFSP). The IEP and IFSP are
written statements of the educational program designed to meet your
child's unique needs. The school must make every possible effort to
notify you of the IEP or IFSP meeting and arrange it at a time and
place agreeable to you. As an important member of the team, you may
attend the IEP or IFSP meeting and share your ideas about your
child's special needs, the type of program appropriate to meeting
those needs, and the related services the school will provide to
help your child benefit from his or her educational program.
- You may have your child educated in the
least restrictive school setting possible. Every effort should be
made to develop an educational program that will provide the
greatest amount of contact with children who are not disabled.
- You may request a due process hearing to
resolve differences with the school that could not be resolved
informally.
What Are Your Responsibilities in the
Special Education Process?
Parental responsibilities to ensure that a child's rights are being
protected are less clearly defined than are parental rights. These
responsibilities vary depending on the child's disabling condition and
other factors. Some of the following suggestions may be helpful:
- Develop a
partnership with the school or agency. You are now an
important member of the team. Share relevant information about your
child's education and development. Your observations and suggestions
can be a valuable resource to aid your child's progress.
- Learn as
much as you can about your rights and the rights of your child. Ask
the school to explain these rights as well as the regulations in
effect for your district and state before you agree to a special
education program for your child. Contact disability organizations
for their publications on special education rights.
- Ask for
clarification of any aspect of the program that is unclear to you.
Educational and medical terms can be confusing, so do not hesitate
to ask.
- Make sure
you understand the program specified on the IEP or IFSP before
agreeing to it or signing it. Ask yourself if what is planned
corresponds with your knowledge of your child's needs.
- Consider how
your child might be included in the regular school activities
program. Do not forget areas such as lunch, recess,
art, music, and physical education.
- Monitor your
child's progress. If your child is not progressing,
discuss it with the teacher and determine whether the program should
be modified. As a parent, you can initiate review of your child's
educational program.
- Discuss with
the school or agency any problems that may occur with
your child's assessment, placement, or educational program. It is
best to try to resolve problems directly with the agency or school.
In some situations, you may be uncertain as to how you should
resolve a problem. All states have advocacy agencies that can
usually provide you with the guidance you need to pursue your case.
- Keep
records. There may be many questions and comments
about your child that you will want to discuss, as well as meetings
and phone conversations you will want to remember. It is easy to
forget information useful to your child's development and education
if it is not written down.
- Join a
parent organization. In addition to the opportunity
to share knowledge and support, a parent group can be an effective
force on behalf of your child. Many times parents find that as a
group they have the power to bring about needed changes that
strengthen special services.
What Can You Offer the IEP or IFSP
Process?
In the final analysis, parents of children with disabilities should be
involved in the IEP or IFSP process as much as they want to be and as much
as they can be. The following are suggestions for ways parents can become
involved:
- Before attending an IEP or IFSP meeting,
make a list of things you want your child to learn.
- Bring any information the school or
agency may not already have to the IEP or IFSP meeting. Examples
include copies of medical records, past school records, and test and
medical evaluation results.
- Discuss what related services your child
may need. Your child may need to be involved with many other
specialists and professionals besides his or her teacher, including
occupational therapists, physical therapists, or speech-language
pathologists.
- Discuss what assistive technology
devices or services your child may need and have these listed in
your child's IEP or IFSP.
- Ask what you can do at home to support
the program.
- Make sure the goals and objectives
listed in the IEP or IFSP are specific and measurable.
- Periodically, ask for a report on your
child's progress.
- Regard your child's education as a
cooperative effort. If, at any point, you and the school cannot
reach an agreement over your child's educational and developmental
needs, ask to have another meeting. Remember, compromise on your
part and the school's or agency's part may be important in resolving
conflicts and maintaining a good working relationship. If, after a
second meeting, there is still a conflict over your child's program,
you may wish to ask for a state mediator or a due process hearing.
What Resources Are Available?
Many organizations have information to help guide you through the special
education process. Since the specific criteria and procedures used by
school districts vary, it is important to familiarize yourself with the
information provided by state and local agencies. You will find your local
school district's director of special education and his or her staff
helpful in accessing such information and guiding you through the process.
Additional resources are available from national disability
organizations. Some of them have state and local chapters that can provide
more locally based support. All states now have federally supported parent
information and training centers. The contacts cited below may be able to
help you locate such a center in your state:
ERIC Clearinghouse on Disabilities and Gifted Education
The Council for Exceptional Children (CEC)
1920 Association Drive
Reston, VA 22091-1589
800-328-0272
703-264-9474
National Information Center for Children and Youth with Disabilities (NICHCY)
PO Box 1492
Washington, DC 20013-1492
800-695-0285
202-884-8200
Available from Amazon.com:
The
Complete IEP Guide : How to Advocate for Your Special Ed. Child Sources
National Information Center for Children and Youth with
Disabilities (1993). NICHCY Briefing Paper. Individualized Education
Programs (IEPs): Federal Regulations and Appendix C to Part 300.
Washington, DC.
National Information Center for Children and Youth with
Disabilities (1993). NICHCY News Digest. Questions and Answers about
the IDEA, Volume 3, Number 2. Washington, DC.
Written by the staff of the ERIC Clearinghouse on
Disabilities and Gifted Education.
This publication was prepared by ACCESS ERIC in
association with the ERIC Clearinghouse on Disabilities and Gifted
Education, with funding from the Office of Educational Research and
Improvement, U.S. Department of Education, under Contract No. RR92024001.
The opinions expressed in this brochure do not necessarily reflect the
positions or policies of the U.S. Department of Education. The brochure is
in the public domain. Authorization to reproduce it in whole or in part is
granted.
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