The Rights of Parents and Guardians According to IDEA
Source: Pearson Allyn Bacon Prentice Hall
Topics: Knowing Your Education Rights, Education Evaluations, Special Needs
Infants and toddlers ages birth through 2 and preschoolers who will have an individualized family service plan must have assessment procedures completed 45 days after the initial referral (right of evaluation). Parents may request a reevaluation or obtain an independent evaluation if there are any questions or concerns regarding the evaluation (right to an independent evaluation). The tables below describe these and other important rights.
Beginning the Assessment Process
| Rights of Parents and Guardians | Definition |
| Right of notice | The parent must receive a notification of the proposed assessment in the family’s native language or principal mode of communication. |
| Right of consent | The parent must give consent before the child is assessed to determine eligibility for special education services. |
| Right of evaluation | The assessment must include multiple measures, be conducted by a multidisciplinary team, and be completed within 60 days of referral for special services. For young children who will have an IFSP, the assessment must be completed within 45 days of the initial referral. |
| Right to an independent evaluation | The parent has a right to request an evaluation by an independent evaluator if there are questions or concerns regarding the child’s evaluation conducted by school personnel. |
Using the Assessment Information
| Rights of Parents and Guardians | Definition |
| Right of participation | The parent must be invited to participate in the writing of the child’s educational plan (an individualized family service plan or an individualized educational program). |
| Right of notice | The parent must receive a notification of the proposed changes in the education program, which must be in the family’s native language or principal mode of communication. |
| Right of access | The parent must be allowed access to all educational records. |
| Right to confidentiality | The educational records are confidential. The parent must give consent to have the child’s records released to other institutions or agencies. The parent has the right to refuse disclosure of information contained in the records to other professionals or agencies. |
| Right to hearing | The parent has the right to a hearing with an impartial hearing officer. The parent has a right to present evidence and to cross-examine school staff. |
| Right to mediation | The parent has the right to a process, called mediation, which attempts to resolve differences with school personnel before going to a hearing. |
| Right to resolve differences | If the parent is not satisfied with the decision of the hearing officer, a second step, the right to appeal to the state court system, can be implemented. |
Excerpted From:
Excerpt from Assessment of Children & Youth with Special Needs, by L.G. Cohen & L.J. Spenciner, 2007 edition, p. 359.
© 2007, Merrill, an imprint of Pearson Education Inc. Used by permission. All rights reserved.
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