Six Major Principles of IDEA (continued)

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Due Process Safeguards.

Schools must provide due process safeguards to protect the rights of children with disabilities and their parents. Parental consent must be obtained for initial and all subsequent evaluations and placement decisions regarding special education. Schools must maintain the confidentiality of all records pertaining to a child with disabilities and make those records available to the parents. When parents of a child with disabilities disagree with the results of an evaluation performed by the school, they can obtain an independent evaluation at public expense. When the school and parents disagree on the identification, evaluation, placement, or provision of a free, appropriate public education and related services for the child, the parents may request a due process hearing. States are also required to offer parents an opportunity to resolve the matter through mediation by a third party before holding a due process hearing. Parents have the right to attorney’s fees if they prevail in due process or judicial proceedings under IDEA. The law also includes provisions that allow the court to award reasonable attorney’s fees to the prevailing school district against the attorney of a parent, or the parent who files a complaint that is frivolous, unreasonable, without foundation, or filed for any improper purpose, such as to harass.

Although “due process hearings are a last resort to resolve conflicts or problems between school districts and parents” (Getty & Summey, 2004, p. 40), they occur with increasing frequency. The majority of due process hearings are over placement or program issues (Newcomer & Zirkel, 1999). In cases contesting placement issues, parents were seeking a more restrictive educational setting 67% of the time (Havey, 1999).

Parent and Student Participation and Shared Decision Making.

Schools must collaborate with parents and students with disabilities in the design and implementation of special education services. The parents’ (and, whenever appropriate, the student’s) input and wishes must be considered in IEP goals and objectives, related-service needs, and placement decisions.