In order to assure that you have a full explanation of your rights, you are to receive a copy of the Procedural Safeguards Manual for Parents (Parental Rights in Special Education) at least one time each school year. In addition, you must be given a copy (1) upon an initial referral or your request for evaluation for your child, (2) upon your filing of a first due process complaint or first state complaint in a school year; and (3) whenever a decision is made to take a disciplinary action that constitutes a change of your child’s placement. You also get a copy of the procedural safeguards whenever you ask for one. In addition to your rights, the Procedural Safeguards Manual for Parents lists sources of assistance for parents and outlines special safeguards related to student discipline.
For each child with a disability who requires special education, your public school district and area education agency have the responsibility to provide a free and appropriate public education in the least restrictive environment. or your child are protected by rights you have as parents.
These parental rights include:
(1) You have the right to provide information for your child’s evaluation,
(2) You have the right to be a member of any group that makes decisions regarding the educational placement of your child, and
(3) You have the right to participate in meetings related to your child’s identification, evaluation, educational
placement and the provision of FAPE.
(1) You have the right to be informed in a timely manner of meetings related to your child’s identification,
evaluation, educational placement and the provision of FAPE,
(2) You have the right to be informed of any proposed changes in your child's identification, evaluation,
(3) You have the right to be informed of any refusal by the school or AEA to make changes that you have
requested in your child's identification, evaluation, educational placement, and the provision of FAPE, and
(4) You have the right to receive notices in a manner and language you can understand.
(1) You have the right to give or withhold your consent to an evaluation to determine if your child is eligible for
special education services,
(2) You have the right to give or withhold your consent to reevaluations of your child,
(3) You have the right to give or withhold your consent for your child’s initial placement in special education, &
(4) You have the right to withdraw your consent for continued special education and related services for your
child. This must be done in writing.
Your consent to an evaluation may be withdrawn before the evaluation is completed. Your consent to an initial
placement may be withdrawn before the placement is made.
(1) You have the right to review educational records,
(2) You have the right to ask that records be changed if you believe the records are incorrect or misleading, &
(3) In many circumstances, you have the right to give your consent before records are disclosed to other
agencies or persons. Disclosing records without parent consent is allowed by the law only under certain
circumstances, such as to another school to which the student is transferring, to respond to a health or safety
emergency, to auditors, or to comply with a court order or subpoena.
Independent educational evaluation right
Dispute resolution rights
Reimbursement rights: Under certain circumstances, parents have the right to be reimbursed for expenses such
as attorney’s fees or private school expenses.
Transfer of rights. Parental rights transfer to a student with a disability at the age of majority unless the parent(s) or someone else takes the necessary legal steps to become the young adult’s legal guardian.