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Parent’s Rights
In The Special
Education Process
Ohio Coalition for the Education of Children
With Disabilities
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HISTORY
It all started with concerned parents. ACTS OR STATUTE
IDEA ’04’ is a Statute. This is law.
36 court cases in 27 states
11th and 14th Amendments
1865 - Freedom from slavery RULES OR REGULATIONS
1922 - Women’s right to vote Regulations Clarify Statute.
1964 – Civil Rights Act
1973 – Rehabilitation Act
POLICIES AND GUIDELINES
1975 – P.L. 94-142 (EAHCA) States and School Districts have Policies and Guidelines in
1990 – Americans with Disabilities Act areas such as Attendance, Behavior etc. If Policies are in
Conflict with Federal Acts or Regulations, they can be Challenged
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The short
happy life
of a parent
Advocate
CO
Evaluation
NS
EN
T
Consent:
Parents are part of the group that make
Parent fully informed the decision regarding their child’s
child’
Parent understands and agrees in writing to proposed activity eligibility
Parent knows consent is voluntary and can be revoked Parents are part of the group that make
the decision regarding their child’s
Evaluation:
educational placement
Procedures to determine if a child has a disability
Nature and extent of services needed in academics but must
also consider all areas of the child’s functioning Parents must be given the opportunity to participate in
all meetings related to the identification, evaluation,
Personally identifiable information includes: educational placement and the provision of FAPE for
their child
Name, address, personal identifier and/or a list of personal
©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999
characteristics
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PARENT means a natural or adoptive parent, a guardian, a
person acting as a parent, or a surrogate parent who has been
A Surrogate Parent is a person appointed to represent a
appointed
child with a disability in special education planning
Unless State law prohibits, a State may allow a foster parent to
prohibits, when: No parent can be identified
act as a parent if parental authority to make educational No parent can be located, or
decisions has been extinguished, and the foster parent :
Is a ward of the State
has an ongoing long-term parental relationship with the
child THE SURROGATE:
Is not an employee of the SEA, LEA, or agency
is willing to make educational decisions involved in the education/care of the child
has no interest that Cannot have a conflict of interest
conflicts with the interests
of the child Has knowledge and skills
©PACER Center, Inc., 1999
©PACER Center, Inc., 1999
Ages 3 through 21*
• Mental Retardation (Cognitive
Disability)
• Hearing Impairments Including
Deafness 1. Free and Appropriate Public Education
• Speech or Language Impairments (FAPE)
• Visual Impairments Including Blindness 2. Appropriate Evaluation
• Serious Emotional Disturbance
(emotional disturbance) 3. Individualized Education Program (IEP)
• Orthopedic Impairments 4. Least Restrictive Environment (LRE)
• Autism 5. Parent/Student Participation in Making
• Traumatic Brain Injury
• Other Health Impairments Decisions
• Specific Learning Disabilities 6. Procedural Safeguards
• Deaf/Blindness
• Multiple Disabilities 15 16
REQUESTING EVALUATIONS
Free, Appropriate Public Education (FAPE) means SPECIAL
EDUCATION and RELATED SERVICES that are provided:
Tips for parents:
At Public Expense ask for evaluation in writing; keep
Under Public Supervision a copy of your request
At No Cost to Parents explain your child’s problems and why
you think evaluation is needed
Meets the Standards of the SEA
Include Preschool, Elementary or Secondary School be sure to share important information with school
staff about your child’s performance, and your
Are Provided in Conformity with an IEP concerns
Applies to All Children with Disabilities, Including Those you must give informed consent
Who Have Been Suspended or Expelled From School for the evaluation to take place
©PACER Center, Inc., 1999
©PACER Center, Inc., 1999
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Initial Cat
Parental Consent
Evaluation Dixie
Written Parental Consent Must Be
To determine:
To determine:
Obtained Before:
if child has a disability and needs
if child has a disability and needs The Initial Evaluation or Re-evaluation
special education and related
special education and related
services
services
Upon re-evaluation
Upon receipt of request for due
present levels of performance and
present levels of performance and
educational needs
educational needs process
Testing in Upon change in placement for
Progress disciplinary action
Evaluatio The initial evaluation and eligibility
results w n must be completed within 60 days of
ill be
used to receiving parental consent.
develo
an IEP fo p
an eligib r Parental consent is not required for a
le child
review of existing data as part of an
©PACER Center, Inc., 1999
evaluation or re-evaluation. 20
PARENT CONSENT FOR Evaluation Procedures
EVALUATION
(c) (1) Any standardized tests given must be:
PARENT CONSENT MAY
validated for the purpose that it is used
BE GIVEN BY: used by persons who are trained/knowledgeable
Sample consent form used according to test instructions
Pull down the consent (d) (2) Any change from the standard
evaluation conditions:
form from the OEC
Website must be included in the
Parents may also evaluation report
give consent by
writing a letter
requesting an evaluation
and stating consent
©PACER Center, Inc., 1999
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Evaluation Procedures Evaluation Procedures
(a) Tests and other evaluation materials:
will not discriminate based on (d) Tests and evaluation materials must
race or culture measure more than just I.Q.
are given in child’s
native language or mode (e) Tests should accurately measure aptitude or
of communication unless achievement, and not simply reflect a child’s impaired
it is clearly not feasible skills
to do so
(b) A variety of tools
and strategies are used
to determine: (f) No single test can be used to
if child is a determine:
“child with a disability” if child has disability
contents of the IEP what services are needed
©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999
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Evaluation Procedures
effect-
In effect-
(g) Child must be assessed in all areas of suspected at beginning of year
disability before services are provided
Implemented-
Implemented
as soon as possible
following the meeting
(h) Evaluation identifies all needs, An IFSP may
serve as an IEP to-
Accessible to-
whether or not commonly
for children 3 - 5, each regular and
linked to the disability category if-
if- special education
teacher and others
using that plan is
responsible for its
consistent with State implementation
policy, and
(i) Public agencies must use technically sound instruments agreed to by parents Teachers and
providers know -
The public agency shall-
shall- responsibilities in implementing IEP
provide to parents a detailed specific accommodations,
(j Assessment tools must provide relevant information that
(j) explanation of the differences modifications and supports to
be provided
assists persons in determining educational needs between an IFSP and an IEP
If parents choose IFSP, obtain written
©PACER Center, Inc., 1999 informed consent from parents ©PACER Center, Inc., 1999
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Students with Specific Independent Educational
Evaluation (IEE)
Learning Disabilities
If parent disagrees with public agency’s
Additional team members to determine evaluation, the agency must:
disability”
whether the child is a “child with a disability” provide an IEE at public expense, or
initiate a hearing to show that its’
the child’s regular teacher, or, if the child has no evaluation is appropriate
regular teacher, a regular classroom teacher If a parent initiates a privately funded IEE:
qualified to teach a child of his or her age if evaluation meets public agency criteria,
for a child of less than school age, a teacher of results must be considered in planning IEP
IEE may be used as evidence at a
that age group, and
due process hearing
at least one person qualified to conduct
individual diagnostic evaluations, such as the ..provided by a qualified person who is
school psychologist or remedial reading teacher not an employee of the public agency
©PACER Center, Inc., 1999
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ELIGIBILITY-
ELIGIBILITY- Placement
who determines? When FAPE is an Issue
A group of qualified If a child who had previously received services is
professionals and the parent
determine the need for special enrolled in a private preschool, elementary or
education and related services secondary school by their parents without consent of
the public agency, the parent must:
Public agencies must give based on
parents a copy of the: evaluation
At the most recent IEP meeting before removal, parents
evaluation report
must inform the IEP team they are rejecting the
documentation of the
proposed placement with concerns as to why and their
eligibility determination
intent to enroll in a private school; or,
A child cannot be determined to have a disability
Given written notice to the public agency 10 business
based on a lack of instruction in math, reading or
days prior to removing their child from the public
limited English proficiency, if the child does not
school. (Written notice must contain the same
otherwise meet eligibility requirements
©PACER Center, Inc., 1999
information described above.)
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Prior Written Notice SAMPLE
PRIOR WRITTEN NOTICE FORM
Written notice - whenever the
public agency proposes or refuses
to initiate or change:
identification
evaluation
educational placement
provision of FAPE
©PACER Center, Inc., 1999
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Prior Written Notice
Content of notice-
proposed or refused action A child may assert the protections of the discipline section
why action is proposed or refused of IDEA if the LEA “had knowledge” he or she was a child
options considered & rejected with a disability:
all records used by the district in parent expressed in writing that the child
reaching a decision needed special education and related services
other factors relevant to
proposal or refusal behavior demonstrates need for
where parents may obtain services
procedural safeguards
who parents can contact about parent has requested an evaluation
understanding their rights
teacher or other personnel
Notice must be in understandable language expressed concern about child’s
Understandable to the general public behavior or performance in
in the parent’s native language accordance with the child find
or special education referral
©PACER Center, Inc., 1999 system ©PACER Center, Inc., 1999
Reevaluation
..at least once every three years, or
more often if parent or teacher requests
or conditions warrant
a group of persons shall-
identify any additional data needed to determine
If an LEA does not “have knowledge” that if child continues to have a disability, and continues
a child has a disability, the child may be to need special education and related services
subjected to regular discipline present levels of performance and educational
needs
if additions or modifications are needed to the
If evaluation is requested during the special education and related services
disciplinary period, it must be expedited. review existing data
Until evaluation is completed, child remains
Parents must give INFORMED CONSENT if
in placement determined by school additional assessment is needed
authorities The group of persons that review the data
is the same membership as an IEP team, and
If the child is found to have a disability, the others, as appropriate
agency shall provide special education and The group may conduct its review
without a meeting
related services. ©PACER Center, Inc., 1999
©PACER Center, Inc., 1999 PACER Center, Inc. 1998
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Reevaluation
If additional data is not needed to
determine that the child continues to
be a“child with a disability” then
Medical records
The public agency will notify parents in writing: School records
-assessments
of the determination and the reasons for it -IEPs
of the parents’ right to request assessment to -discipline reports
determine whether their child continues to qualify
for special education and related services
Letters
Observations
The public agency is not required to conduct
Telephone notes, etc.
an assessment unless requested to do so
by parents
What if we
want our child
to be
reassessed?
©PACER Center, Inc., 1999
©PACER Center, Inc., 1999
Procedural Safeguards Notice
Procedural safeguards notice must
Right to inspect be given upon-
and review all
educational records initial referral for evaluation
child’
in child’s file notification of an IEP meeting
reevaluation
receipt of request for due
highly
confidential!
process hearing
An agency may presume that the parent has Contents of notice: full
:
authority to inspect and review his or her child’s explanation of specific procedural
records unless the agency has been advised safeguards available to parents and the
otherwise under applicable State laws State complaint procedures
Notice must be in understandable
language ©PACER Center, Inc., 1999
©PACER Center, Inc., 1999
State
Complaint A complaint
Procedures must include:
Statement that a public
agency has violated a A complaint is an
Time limit of 60 days to A complaint is an requirement of Part B allegation that the law
allegation that the law is not being
investigate and issue a is not being followed
written decision followed Facts on which statement
is based
Time extension only
if exceptional Violation occurred not more
circumstances exist than one year from the date a
complaint is received, unless a
Procedures for longer time is reasonable because:
implementing final the violation is continuing, or
decision the complainant is seeking compensatory
education for a violation that is not more
than 3 years old
©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999
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45 days from receipt of request
45 for hearing:
A decision is reached
voluntary A copy of decision is
timely mailed to each party
impartial 30 days from receipt of request for review of
no cost hearing decision:
confidential A decision is reached
written agreement A copy of decision is 30
may not deny or delay right to hearing mailed to each party
A hearing review officer may
©PACER Center, Inc., 1999
grant time extensions ©PACER Center, Inc., 1999
RESOLUTION SESSION MEETING
Parent or public agency may initiate:
Parent must provide notice in a request for a
hearing : Within 15 days of receiving a parental due
E
process complaint and prior to the due process
IC •Child’s name, address and school
N OT hearing
•The problem the parent has
LEA convenes a meeting with parents and rest
•The solution the parent wants of IEP team members
LEA attorney may not be present if parent is not
Public Agency must provide: accompanied by attorney
•Information to parents about availability of
mediation
•Information on free or low-cost legal services
•A model form to assist parents with request
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©PACER Center, Inc., 1999
RESOLUTION MEETING
continued…
continued…
Discussion of due process complaint and facts
that form the basis of complaint
Decision within 45
Meeting does not take place IF :
days with no
the parents and LEA agree in writing not to have the
meeting or… exception or extensions
The parents and the LEA agree to use the mediation
process
Hearing officer must
There is a 30 day timeline in which to resolve the due
process complaint. If after that time the due process
be impartial
complaint is not resolved the due process hearing may (no conflict of interest)
take place. The 45 day timeline for the due process
hearing begins if both parties agree in writing not to hold Decision may be appealed
the resolution session or if a mediation agreement is not (using normal appeal procedures)
reached or if an agreement to extend mediation is written.47 ©PACER Center, Inc., 1999
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QUESTIONS ? Early Intervention Amendments
For children ages birth to three years
Lead agency is the Ohio Department of Health
THANK YOU Provided in a natural environment
Individualized Family Service Plan (IFSP)
Service Coordination
Transition Conference that includes local
school district representative
Ohio Coalition for the Education of
Children with Disabilities
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Children in early intervention programs
must experience a smooth and effective
transition to preschool programs
By the 3rd birthday of the child, an IEP or
IFSP must be in effect
Each LEA will participate in transition
planning conferences arranged by the
lead agency
©PACER Center, Inc., 1999 51
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