Parents of children identified as needing special education services have specific rights, beginning when their child is first referred for evaluation and extending through the time he graduates from high school. Children receiving special education services are entitled by federal law to a "free, appropriate public education." Federal officials want to ensure the rights of the children and families aren't violated.
Identification
When your child is identified as potentially needing special education services, the evaluation team should give you a list of your rights. The evaluation team is also required to complete your child's referral and evaluation within a specific time frame. The list of parents' rights is designed to guide you during each step of the referral and evaluation process, according to the KidsHealth website.
Among parents' rights is the right to disagree with the Comprehensive Evaluation Report (CER) or the Individualized Education Plan (IEP). If you are unable to come to an agreement with other members of the team, you have the right to request mediation or a formal hearing. You also have the right to request representation from an attorney or a paid advocate familiar with the IEP process. You can also invite someone who is familiar with your child to participate on the IEP team.
Function
You have the right to participate on the IEP team, according to the PBS Parents website. When your child's teacher lets you know your child may qualify for special education services, you have the right to know what services your child may qualify for and whether those services are provided in a general education classroom, known as inclusive education, or whether she would be placed in a special education classroom with other children needing additional educational support, according to PBS Parents.
You and your child have the right to make choices while planning her IEP. One right is to advocate for inclusive education--the least restrictive educational environment.
Types
As a member of the IEP team, you have the right to give or withhold permission for your child to be evaluated for special education intervention. Agreeing to an evaluation does not mean the school is allowed to give special education services to your child--or to take them away. You also have the right to be treated as an equal member of the team. You know your child and his abilities best. You have a right to a copy of the evaluation report, so you can see the written results. You also have the right to have the results explained to you. And you have the right to have your child evaluated by an outside expert. This independent evaluation report has to be considered in any decisions about your child.
Considerations
As a member of your child's IEP team, you have the right to participate in the IEP planning process, where you and other team members decide what will be in the actual IEP. The team should develop short-term measurable goals for your child, along with annual goals.
While developing a child's IEP, parents have the right to decide where he will be educated. This includes private, charter, religious and public schools. If you choose to place your child in a private school, his rights won't be the same as those of a child in a public school, writes KidsHealth.
History
The Individuals with Disabilities Education Act was amended in 2004 and signed into law, according to IDEA Partnerships. The Families and Advocates Partnership for Education was developed to help improve disabled childrens' outcomes in education. FAPE is designed to provide administrators, service providers, national policymakers and parents with information about how IDEA should be implemented for individual children.
