Having a child with a disability – whether academic, physical, social, or emotional – can be challenging for families. They are often faced with endless doctor appointments, specialist meetings, and calls with teachers and the school.
While it may be tempting to cast them in a bystander role when it comes to IEPs, that can be the worst thing to do. So, what are parents’ rights when it comes to IEPs?
Not only is it a bad decision to shut parents out of IEPs, but it is also illegal. In fact, IDEA law gives parents a great deal of power and rights when it comes to their child’s IEP.
Forget sidelining parents, the law gives parents full rights to participate in and make decisions about their child’s IEP. They must be invited to the meeting and should participate in decisions pertaining to their child’s education.
Parents are legally considered part of the IEP team and must be included.
Oftentimes parents come to IEP meetings without support. They either are unaware of the fact or do not understand that they can legally bring an advocate with them. In some cases, teachers may actually want to encourage families to bring an advocate to make sure that their child gets the most appropriate setting and accommodations.
While there are key people who need access to a child’s IEP in order to provide services, parents have the right to confidentiality for their child and can determine who has access to the documents. This is important because it protects the child and, again, puts the parents in control of their child’s privacy and education.
Parents always have the right to see and review any documents that are created about their child’s education. From evaluations to IEPs to progress notes, it is all available to parents at any point in their child’s school career. While the school may have guidelines about how the documents can be accessed in terms of hours when they are available for review, the district cannot keep parents from reviewing them or having a copy.
Parents can also request corrections if they believe there are inaccuracies in the documents.
All of the accommodations, modifications, goals, services, and recommendations for placement in an IEP are invalid until parents give their approval. This includes all large decisions, as well as smaller decisions that make an impact on the child’s education. Any formal changes in the IEP must have parental approval, or the school must be able to prove they attempted to contact the parent prior to making changes.
Many parents are intimidated by the IEP process and simply do not understand that they do, in fact, have the final say in what the school does.
If the IEP is not being implemented with fidelity, or at all, the parent has the right to file a complaint with the state. For more information on what this looks like in your state, please Google or ask your school for a copy of the Procedural Safeguards.
Helping parents understand their rights when it comes to the special education and IEP processes is important. Not only does it build trust, but it also helps ensure that the child in question gets the services and supports that he or she needs to succeed.
These rights empower parents to advocate for their child and ensure they receive the services they need. If a school does not uphold these rights, parents can take steps to resolve concerns through additional IEP meetings or through state complaints, mediation, or due process hearings.
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