Parents of children with special needs should be their child’s first line of defense. To be your child’s biggest advocate, you must know how to protect their interests. Doing that can be particularly challenging in systems with specific regulations and guidelines, like academic settings.
California’s Department of Education outlines the rights of parents of students with disabilities in the Individuals with Disabilities Education Act (IDEA). Also known as “procedural safeguards,” these rights encourage parents to engage in their child’s Individualized Education Program (IEP).
The IDEA entitles you to numerous parental rights, including the rights to:
- Participate: You can request special education services for your child, join in their IEP development and be advised of alternate programs and other options.
- Give or deny consent: The district must receive consent in writing before assessing your child and providing special education services.
- Access education records: You can inspect, review and obtain copies of your child’s education records.
- Receive independent educational assessments (IEE): If you disagree with the school district’s assessment, you can request an IEE at public expense.
- Request a hearing regarding IEP disagreements: You can file a complaint and demand a due process hearing about your child’s free appropriate public education (FAPE).
- File a complaint against the school district: You can file a complaint with the state Department of Education if you believe the school district violated a law. The department should investigate and report its findings within 60 days.
Getting an IEP for your child can be complex. Ensuring that the school district follows regulations can also be complicated. Proper representation is critical when you’re at odds with school officials. A special education law attorney’s support can help you ensure your child’s voice is heard.