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PARENTS HAVE RIGHTS. In T heir Child’s Education. Parents’ Rights Through The Process. To participate in developing their child’s education program (IEP) and to attend ALL meetings To understand every document they sign To receive any notice of recommendation in writing
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PARENTS HAVE RIGHTS In Their Child’s Education
Parents’ Rights Through The Process • To participate in developing their child’s education program (IEP) and to attend ALLmeetings • To understand every document they sign • To receive any notice of recommendation in writing • To understand their rights in the languageyou understand best • To refuseto give permission
To afair and accurate evaluation • To disagree - diagnosis, evaluation, placement, services • To pursue other options if they disagree • To have an independentevaluation • To mediate a dispute • To have ahearingif they disagree • To keep their child in thesameprogramwhile waiting for mediation or a hearing to be completed
Independent Evaluations • If parents wish the school district to pay for the independent evaluation must make request in writing PRIOR to evaluation School district will provide info. about where to obtain an independent evaluation
To file acomplaint: • Within 60days of receiving complaint, Dept. must investigate and give parents written reportand results of the investigation and how the problems will be fixed • 2 yrs to submit due process compliant Office for Dispute Resolution 1-800-222-3353 odr.pattan.net State College Area School District - Special Education Office (814) 231-1072/4172
What Decisions Does the IEP Team Make? • Types of education supports and services that will meet the student’s needs • Where, what kind, how much, how often services will be provided (birth-3: natural envt.) • Adjustments, supplementary aids and services in the general classroom • Tests or other methods of evaluationto decide if student is meeting the annual goals and how and when progress will be reported to parents
To what extent student will NOT participate in gen. ed. curriculum • **Adjustments in statewide or district-wide tests – Alternate Assessment • Accommodation vs. Modification • Need for a behavior management plan • Need for assistive technology devices or services • Limited English language skills • Eligibility forExtended School Year (ESY) • By14, transition planning from school to work- life or post-secondary education (16course of study)
Parents’ Rights to Their Child’s Records • To see and keep their child’s education records PRIVATE • Within 45 calendar days after requesting it • Records cannot be given to anyone without parents’ permission unless for legal reasons • District must have a procedure to correct records that parents feel are wrong or misleading
Re-evaluation • Conducted at least every 3 years • May agree in writing if 3-year is not necessary • Students with mental retardation - every 2 years • NOT an option for waiver
Parents’ Rights if Student Attends a Private School • Ask hearing officer to order district to pay if student is not provided with an appropriate education program and the private program meets student’s needs • EXCEPTIONS: • School gave notice of intent to evaluate • Parent didn’t make student available for evaluation • Court deems unreasonable
CANNOT DENY or REDUCE PAYMENT IF… • Parents unable to read/write in English • Student will be harmed if school is notified • School prevented parents from any notification • School failed to explain rights to parents
WWW.PATTAN.NET/ Bureau of Special Education ConsultLine:1-800-879-2301 Office for Dispute Resolution 1-800-222-3353 or 1-800-992-4334 odr.pattan.net
