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##  Rights and Responsibilities of Parents of Children with                         Disabilities. ERIC Digest #E567.                                             

WHAT ARE YOUR RIGHTS, AS A PARENT, IN THE SPECIALEDUCATION                    PROCESS?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. This includes the right                    to: 
*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. 
*Request an evaluation if             you think your child needs special education or related                         services. 
*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. 
*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             Your consent is voluntary and may be withdrawn at any                           time. 
*Obtain an independent evaluation if you disagree with the              school's evaluation. 
*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 3 years, but              your child's educational program must be reviewed at least once                 during each calendar year. 
*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. 
*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 records 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. 
*Be fully informed by             the school of all rights that are provided to you under the                     law. 
*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. 
*Participate in all IEP or IFSP team             decisions, including placement. 
*Request an IEP or IFSP meeting at            any time during the school year. 
*Be kept informed about your                 child's progress at least as often as parents of children who do not            have disabilities. 
*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. 
*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. WHAT ARE YOUR RESPONSIBILITIES, AS             A PARENT, IN THE SPECIAL

EDUCATION PROCESS?Parents have a key            role in the special education process. The following suggestions may            offer some guidance: 
*Develop a partnership with the school. Share            relevant information about your child's education and development.              Your observations can be a valuable resource in your child's                    progress. 
*Ask for an explanation of any aspect of the program                that you don't understand. Educational and medical terms can be                 confusing, so do not hesitate to ask. 
*Make sure the IEP or IFSP              goals and objectives are specific. This will ensure that everyone               teaching your child is working toward the same goals. Take the IEP              or IFSP home to think about it before you sign it.  You have 10                 school days in which to make a decision. 
*Make sure your child is             included in the regular school activities program as much as is                 appropriate, including nonacademic areas such as lunch and recess               and other areas such as art, music, and physical                                education. 
*Monitor your child's progress and periodically ask for            a report. If your child is not progressing, discuss it with the                 teacher and determine whether the program should be modified. As a              parent, you can initiate changes in your child's educational                    program. 
*Try to resolve directly with the school any problems                that may occur with your child's assessment, placement, or                      educational program. In some situations, you may be unsure of how to            proceed to resolve a problem. Most states have protection and                   advocacy agencies that can provide you with the guidance you need to            pursue your case. 
*Keep records. There may be questions about your            child that you will want to discuss, as well as meetings and phone              conversations you will want to remember. It is easy to forget                   important information that is not written down. 
*Join a parent                organization. Besides sharing knowledge, experiences, and support, a            parent group often can be an effective force on behalf of your                  child.  Parents often find that, as a group, they have the power to             bring about needed changes to strengthen special services. AS THE             PARENT OF A CHILD WITH A DISABILITY, WHAT CAN YOU

OFFER THE IEP              OR IFSP PROCESS?Parents of children with disabilities should be             involved in the process as much as they want to be and as much as               they can be. The following are some ways in which parents can become            involved: 
*Before attending an IEP or IFSP meeting, make a list of            things you want your child to learn. Take notes about aspects of                your child's behavior that could interfere with the learning                    process. Describe the methods you have found to be successful in                dealing with these behaviors. 
*Bring any information the school               may not already have to the IEP or IFSP meeting. Examples include               copies of medical records, past school records, or test or                      evaluation results. Remember, reports do not say all there is to say            about a child. You can add real-life examples to demonstrate your               child's ability in certain areas. 
*Find out what related services             are being provided, and ask each professional to describe the kind              of service he or she will be providing and what improvement you                 might expect to see as a result of these services. 
*Ask what you              can do at home to support the program. Many skills your child learns            at school can also be used at home. Ask to meet with the teacher                when your child is learning a new skill that could be practiced at              home. 
*Discuss methods for handling discipline problems that you              know are effective with your child. 
*Regard your child's education            as a cooperative effort. If at any point you and the school cannot              reach an agreement over your child's educational and developmental              needs, ask to have another meeting. This would allow time for you               and the school to gather more information. If there is still a                  conflict over your child's program after a second meeting, ask for a            state mediator or a due process hearing. 
*When you feel teachers              and school personnel are doing a good job, tell them. WHAT                    RESOURCES ARE AVAILABLE TO HELP YOU?*Your local and state                   education agencies have information to help guide you through the               special education process. Since the specific criteria and                      procedures used by school districts may vary, your local director of            special education and his or her staff can help you access such                 information. Additional resources are available from national                   organizations. Some of them will also be able to direct you to local            and state chapters that can provide more local support: 
The ARC,              500 East Border Street, Suite 300, Arlington, TX  76010 
Children              with Attention Deficit Disorders (CHADD), 499 NW 70th Avenue, Suite             308, Plantation, FL 33317 
The Council for Exceptional Children,               1920 Association Drive, Reston, VA 20191 
Learning Disability                  Association (LDA), 4156 Library Road, Pittsburgh, PA                            15234 
National Information Center for Children and Youth with                 Disabilities (NICHCY), PO Box 1492, Washington, DC 20013 
ERIC                 Digests are in the public domain and may be freely reproduced and               disseminated, but please acknowledge your source.  This publication             was prepared with funding from the U.S. Department of Education,                Office of Educational Research and Improvement, under contract no.              RR93002005. The opinions expressed in this report do not necessarily            reflect the positions or policies of OERI or the Department of                  Education.                                                                   **Title:** Rights and Responsibilities of Parents of Children with                         Disabilities. ERIC Digest #E567.                                             **Document Type:** Information Analyses---ERIC Information Analysis Products (IAPs) (071); Information Analyses---ERIC Digests (Selected) in Full Text (073); **Target Audience:** Parents                                                                      **Available From:** ERIC Clearinghouse on Disabilities and Gifted Education, The Council            for Exceptional Children, 1920 Association Drive, Reston, VA                    20191-1589; toll-free telephone: 800-328-0272; e-mail:                          [email protected]; World Wide Web:                                            http:/www.cec.sped.org/ericec.htm                                            **Descriptors:** Decision Making,  Disabilities, Educational Legislation, Elementary             Secondary Education, Federal Legislation, Individualized Education              Programs, Individualized Family Service Plans, Parent Participation,             Parent Responsibility,  Parent Rights,  Parent School Relationship,             Special Education                                                           **Identifiers:** ERIC Digests,  Individuals with Disabilities Educ Act Amend 1997             
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