What are our legal rights?
Parents and children with special needs are protected by a comprehensive set of legal rights designed to ensure access to appropriate education and services. These rights are primarily enshrined in the Individuals with Disabilities Education Act (IDEA), which guarantees that children with disabilities receive a free and appropriate public education (FAPE) tailored to their unique needs.
Right to a Free and Appropriate Public Education (FAPE)
Under IDEA, every child with a disability is entitled to FAPE. This means that public schools must provide special education and related services at no cost to the family. The education provided must meet the individual needs of the child as adequately as the needs of non-disabled children are met. This encompasses specialized instruction, services like speech and occupational therapy, and other supports necessary for the child to benefit from their education.
Individualized Education Program (IEP)
The Individualized Education Program (IEP) is an important aspect of The Individuals with Disabilities Education Act (IDEA). An IEP is a written document developed for each public school child eligible for special education. It is tailored to the child’s specific needs and outlines several key components. First, it provides a detailed description of the child’s current academic and functional performance. Second, it sets measurable annual goals, both academic and functional, that the child is expected to achieve. Third, it specifies the special education services, accommodations, modifications, and supports the child will receive. Additionally, the IEP includes information on how much time the child will spend with non-disabled peers to ensure appropriate inclusion. Finally, it details how the child’s progress toward meeting the annual goals will be measured and reported to parents, ensuring ongoing monitoring and adjustment as needed.
Parental Involvement and Rights
IDEA emphasizes the importance of parental involvement. Parents have several critical rights, including:
Participation in Meetings: Parents have the right to participate in all meetings regarding the identification, evaluation, and educational placement of their child, and the provision of FAPE.
Access to Records: Parents have the right to review and obtain copies of their child’s educational records.
Independent Educational Evaluation (IEE): If parents disagree with an evaluation conducted by the school, they have the right to request an independent educational evaluation at public expense.
Procedural Safeguards
IDEA includes procedural safeguards to protect the rights of children with disabilities and their parents. These safeguards ensure that parents can be involved in their child’s education and can challenge decisions they believe are inappropriate. Key procedural safeguards include:
Prior Written Notice: Schools must provide written notice to parents whenever they propose to initiate or change, or refuse to initiate or change, the identification, evaluation, or educational placement of the child, or the provision of FAPE.
Consent: Schools must obtain informed consent from parents before conducting an initial evaluation or providing special education services.
Due Process Hearings: Parents have the right to request a due process hearing to resolve disputes with the school regarding their child’s special education needs.
Mediation: Parents and schools can voluntarily use mediation to resolve disputes.
Filing Complaints
If parents believe that their child’s rights under IDEA are being violated, they have the right to file a complaint with the state education agency. The agency will investigate the complaint and determine if the school is in compliance with IDEA. If not, the agency can order corrective actions.
Additional Protections
Beyond IDEA, other laws also protect the rights of children with disabilities, including:
Section 504 of the Rehabilitation Act: Prohibits discrimination based on disability and ensures that a child with a disability has equal access to an education. The child may receive accommodations and modifications.
Americans with Disabilities Act (ADA): Ensures access to public and private schools and requires reasonable accommodations in both educational and extracurricular activities.
