Parental Rights Under IDEA

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by Eileen Bailey
Tuesday, August 10, 2010

The Individuals with Disabilities Education Act (amended 2004) provides for certain safeguards and rights to parents. According to the Act, a parent holds all educational decision making rights of the child until:

• The child reaches the age of majority - this may be different based on your state laws

• Your rights to decision making in your child's life are terminated through a court proceeding. This could be for mental incompetence, child abuse, neglect or abandonment.

• A divorce settlement provides all decision-making rights to one parent.

The law provides explanations of parental rights and safeguards in detail. Below is a summary of a few of the points:

Parents as Part of the Process

IDEA states that parents should be included as a member of the evaluation team. This team generally consists of various school personnel and parents.  It is meant to assess the students' strengths and weaknesses and develop a comprehensive educational plan, including any extra services or accommodations.

Schools must give parents at minimum of 10 days notice prior to a meeting. These meetings must be held in a convenient location and time. The school should provide a video conference option for parents unable to attend in person.

Parents must have access to school records for their child. If these records are being given to anyone not on the IEP team, parental consent must be obtained before the records are released.

If needed, schools must provide interpreters.

Evaluations

The parents have the right to request an evaluation of their child by the school to determine if the child is eligible for special education services. If new information becomes available, the parents have the right to request a re-evaluation.

If the school deems it necessary to conduct an evaluation, they must first request permission from the parents.

If the school wishes to provide accommodations or services to a child, a parent must consent to the services.

Disputes

The parents have a right to dispute any findings of the IEP team or if they feel their child is not receiving the services and accommodations outlined in the IEP. Once the school receives a complaint, they have 30 days to resolve it. If there is still no satisfactory resolution, the parents may request a due process hearing.

Private Evaluations

The parents have a right to request an independent educational evaluation if they do not agree with the findings of the school's evaluation. This independent evaluation is completed at the school's expense. The school must either pay for the evaluation or request a due process hearing to show why their evaluation should stand.

Private Schooling

The parents have the right to remove their child from the school and seek private education, at their own expense. The parents may seek tuition reimbursement if the move was made because proper process was not followed or because their child is not receiving accommodations as outlined in the IEP. If requesting tuition reimbursement, parents need to be prepared to provide factual information on what accommodations were not provided.