Parents’ Rights
Adopted from : Advocates for Justice and Education, Inc., Susan D. Inman, Esq. (October 23, 2010)

This article is based on the Parents' Rights under IDEA (The Individuals with Disabilities Education Act) which is a US Federal Law.
IDEA includes specific rights for parents of children with disabilities, these rights are called “Procedural Safeguards.”

Procedural Safeguards
The procedural safeguards in place include rights regarding the following:
Notice
Consent
Independent Educational Evaluation
Participation
Records
Disagreement
Notice

Parents must be given notice (a written copy) of all their procedural safeguards.
Parents have a right to prior written notice of any proposals to, or refusal to, make changes relating to their children’s special education and related services.

Consent

Parents’ consent to any proposed action must be informed consent.
Informed consent is when:
(1) complete information is provided in the parent’s native language;
(2) the parent approves in writing; and (3) the parent knows that their approval is voluntary and can be taken back at any time.

Parents’ consent to any proposed action must be informed consent.

Informed consent is when:
(1) complete information is provided in the parent’s native language;
(2) the parent approves in writing; and (3) the parent knows that their approval is voluntary and can be taken back at any time.

Parents: Must give their written consent before their children are evaluated.
Must consent to the initial provision of special education and related services.
Have the right to refuse and to revoke (take back) their consent.

Individual Educational Plan


Parents have a right to a free IEP if the school’s evaluation is not appropriate

Participation

Parents have the righs to be involved in meetings about the identification, evaluation and educational placement of their children.
Parents must be given an opportunity for meaningful participation is such meetings.

Records

Parents have the right to:
1. inspect and review any education records relating to their children.
2. Request amendment of their children’s educational records if they believe the information is inaccurate or misleading, or violates the privacy or other rights of their children.
3. a hearing to challenge information in their children’s records.

Disagreement

Parents have the right to:
1. disagree with the school
and
2. use mediation, due process hearings or state complaints to resolve their disagreements.

Key Things to Remember!


You are an equal partner in the education of your child.
No one knows your child better than you.
Don’t be afraid to exercise your rights.
Use your voice to better the quality of education for your child(ren) and others.
Seek help if you need it.