Today’s guest post is by Jade Kiser. Jade is a special education teacher, educational consultant, and advocate. She is the founder of Kiser Educational Consulting & Advocacy which strives to help teachers and parents advocate and educate the diverse and unique minds of the children they serve.
IDEA Rights for Caregivers
No matter what side of the IEP table you are on, IEP meetings can be stressful! As a parent or caregiver, you are sitting in a room with a group of educators and administrators, some you might not even know their name. You are preparing yourself emotionally to hear about all the things your child is struggling with and you begin to feel defeated. Then, the special education lingo, jargon, and acronyms begin. Now, you feel overwhelmed. Maybe you begin to shut down and you aren’t even sure where to begin sharing your concerns, your joys, or asking questions. However, as your child’s parent or caregiver and advocate, the one who knows them best, it is imperative that you are on your “A-Game”. Caregivers must know their rights and student rights under the Individuals with Disability Act (IDEA).
In 2004, when IDEA was revised, section E was included and consequently called the Procedural Safeguards. This outlines what protections you have as a parent. Hopefully, you have been provided (or at least offered) a copy of the Procedural Safeguards at each IEP meeting or at the beginning of the school year. Schools must provide parents a copy of these safeguards annually. While there are more than six rights within the safeguards, I want to outline six rights that you should know, understand, and rely on the most. These rights are commonly overlooked by both schools and parents so it’s invaluable to know these off the top of your head to ensure you can adequately and appropriately advocate for your child. These parent rights under IDEA can truly change and transform your experience in schools as a caregiver.
- Right to review and inspect your child’s educational records
- Right to participate in meetings related to the identification, evaluation, and placement of your child and the arrangement of FAPE (Free and Appropriate Public Education)
- Right to receive prior written notice
- Right to give or deny consent
- Right to disagree with decisions made by the district in regards to your child’s IEP and programming
- Right to appeal decisions made by the team and the district
Right to Educational Records
As a parent, you might wonder what is in your child’s educational file. Educational files should include any IEPs, evaluations, parent contact logs, and disciplinary actions. Each file should also have a log showing who has accessed the file and when. Depending on the district, these files could be housed in the school building or at the district office. As your child gets older, you might acquire a large file of your own with your child’s IEP and other pertinent information. If for any reason you misplace a copy of an evaluation or IEP and have questions regarding it later, you have the right to access your child’s school file and use what is in the file to clarify your concerns. If you are curious about what is in your child’s record, one of the parent rights under IDEA ensures that you have a right to request access to view the files.
Right to Participate in Meetings
Prior to each IEP meeting, the district will send you a Notice of Meeting. This notice should be at least 10 days prior to the meeting unless other arrangements have been made AND you as the parent have agreed to waive the 10 day notice in order to meet sooner. This safeguard ensures that you are invited with adequate notice. It also ensures you have the opportunity to provide input at the meeting, ask questions, and share your concerns. During the meeting, you should think of yourself as an active participant. You should be allowed to share your thoughts, concerns, and insights as they pertain to your child. At times, caregivers feel like their concerns are not properly heard or noted in the IEP. If that’s you, you can request that the district provide a Prior Written Notice (also known as a Notice of Action, NOA, PWN), of your concerns and how they are not outlined in the IEP. In addition, you also have the right to bring anyone you would like into the meeting as long as you sign off that the district is allowed to share any information presented at the meeting with this person. This can be an outside service provider or therapist, family member, or advocate.
Right to Receive Prior Written Notice
At the close of an IEP meeting, you have probably been shown a piece of paper. Maybe you have even been asked to sign the paper, that outlines the proposed changes to your child’s IEP. The Prior Written Notice MUST include a full description of what actions, items, or changes the school proposes or refuses. This formal written notice is a way of sharing the big changes made for this IEP cycle. It can also be a place for the district to outline your concerns if they refuse to put them in the body of the IEP.
Prior Written Notice also allows you 10 days to think over the proposed (or refused) changes. In this time you can also challenge them, if you wish. There are only a few extenuating circumstances where this notice might need to be signed and enacted immediately. Most of the time, you have the right to wait 10 days and think over if it’s what is in the best interest of your child. This is one of the parent rights under IDEA that I have seen underutilized.
Right to Consent
Looking back at the Prior Written Notice of Action, you have the ability to consent or deny consent on any change to your child’s IEP. Sometimes multiple changes are made, which means there should be multiple notices. In this case, you can always agree with some and disagree with others. Here’s an example. The district proposes changes to your child’s goals that you agree with, but proposes to decrease service minutes, you can consent to the change of goals but not the change of service minutes. You can also deny consent if the district is trying to dismiss a related service (occupational therapy, speech/language therapy, adaptive physical education, physical therapy, etc.). If a service is proposed to be dismissed or decrease service minutes, always request the data that supports that decision. That is also part of the written notice and therefore, a part of the right to parental consent. On the written notice, it asks the district to list the factors considered. If one of the factors is data, you have a right to see the data before the decision is implemented.
Right to Disagree
We know educators are professionals in their field. Don’t forget that caregivers are advocates and the professional when it comes to your child and their best interest. You have the right to disagree with choices the district makes regarding your child’s IEP or manifestation determination. There are times when school districts and parents are unable to come to an agreement. If you disagree during the meeting, you can ALWAYS table the meeting and request mediation, due process, seek legal counsel, seek an educational advocate, or file a complaint with your state. However, if you disagree with decisions or you are concerned with implementation of the IEP or progress being made, you as a parent, can request an IEP meeting at any time. These parent rights under IDEA are created for a reason and should be used as needed!
IEP meetings can be intimidating, even in the best circumstances. Never be afraid to ask questions or table a meeting to step away and do some research. As parents, it is important to understand the parent rights under IDEA. This way, you can best advocate and receive the best plan for your child each year.
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