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Parent's Corner |
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- What are your
rights as a parent in the special education
process?
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- The complete
information regarding your rights/procedural
safeguards is lengthy and detailed. The
following information represents highlights of
your rights. CARS+ urges each parent to request
and read the complete copy of your rights
provided by your local school district and/or
Special Education Local Plan Area (SELPA).
Public Law 105-17, the Individuals with
Disabilities Education Act (IDEA) Amendments of
1997, clearly strengthens the rights of children
with disabilities and their parents. It builds
on the achievements gained under Public Law
94-142, the Education for the Handicapped Act,
and Public Law 101-476, the Individuals with
Disabilities Education Act (IDEA). A fundamental
provision of these special education laws is the
right of parents to participate in the
educational decision-making process.
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A Free
Appropriate Public Education for Your Child. Free
means at no cost to you as parents. Appropriate
means meeting the unique educational needs of your
child.
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Request an
evaluation if you think your child needs special
education or related services.
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Be
notified whenever the school wants to evaluate
your child or change your child's educational
placement, or refuses your request for an
evaluation or a change in placement.
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Informed
Consent. Informed consent means you understand and
agree in writing to the evaluation and educational
program decisions for your child. Your consent is
voluntary and may be withdrawn at any time.
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Obtain an
independent evaluation if you disagree with the
school's evaluation.
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Request a
reevaluation if you think your child's present
educational placement is no longer appropriate.
The school must reevaluate your child at least
once every three years, but your child's
educational program must be reviewed at least once
during each calendar year.
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Have your
child tested in the language he or she knows best.
For example, if your child's primary language is
Spanish, this is the language in which he or she,
must be tested. Students who are deaf have the
right to an interpreter during the testing.
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Review all
of your child's school records. You may request
copies of these records, but the school may charge
you a reasonable fee for making the copies. Only
you, as parents, and those persons directly
involved in the education of your child will be
permitted access to personal records. If you feel
that some information in your child's record is
inaccurate or misleading or violates the privacy
or other rights of your child, you may request
that the information be changed. If the school
refuses your request, you have the right to
request a hearing in order to challenge the
questionable information in your child's records
or you may file a complaint with your state
education agency.
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Be fully
informed by the school of all rights that are
provided to you under the law.
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Participate in the development of your child's
individualized education program (IEP) or
individualized family service plan (IFSP), if your
child is under school age. The school must make
every possible effort to notify you of the IEP or
IFSP meeting and then arrange it at a time and
place that is convenient for both you and the
school personnel.
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Participate in all IEP or IFSP team decisions,
including placement.
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Request an
IEP or IFSP meeting at any time during the school
year.
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Be kept
informed about your child's progress at least as
often as parents of children who do not have
disabilities.
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Have your
child educated in the least restrictive
environment possible. Every effort should be made
to develop an educational program that provides
your child with the services and supports needed
in order to be taught with children who do not
have disabilities.
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Voluntary
mediation or a due process hearing to resolve
differences with the school that can not be
resolved informally. Be sure you make your request
in writing, date your request, and keep a copy.
- Adapted from ERIC ED
Digest #E567, Bernadette Knoblauch, 1998
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- Reprinted with
permission by CARS+, California Association of Resource Specialists and
Special Education Teachers.
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