Throughout my undergraduate and law school years, I worked as a therapist for children with autism. This allowed me to witness firsthand the struggles that parents of children with disabilities go through in order to receive appropriate services for their children. Often times, these services were paid for by the parents out of their own pockets.
My experience with those families was what initially got me interested in special education law. Most of the parents whom I worked with did not know what their rights were or how to go about asserting those rights. This article outlines the most basic rights afforded to parents and their children with disabilities.
The Individuals with Disabilities Education Act (IDEA) requires public schools to ensure that all eligible students with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment appropriate to their individual needs. The school must develop an appropriate Individual Education Program (IEP) for each child; the services outlined in the IEP must reflect the individualized needs of each student.
There are several rights afforded to parents and children with disabilities by IDEA. Prior to the initial evaluation of the child for special education services, the school must get the parents’ written consent. Written consent also is required prior to providing special education services to a child for the first time.
Parents have the right to an independent educational evaluation if they disagree with the results of the initial evaluation and a right to written notice in several situations, including when the school district:
- proposes to conduct an initial evaluation or reevaluation;
- refuses to conduct an initial evaluation or a reevaluation;
- proposes a new or amended IEP;
- proposes a change in placement;
- suspends a student for more than 10 consecutive days in any school year;
- proposes termination of special education services (except if a child is no longer eligible for special education because he or she is graduating with a regular high school diploma or is turning 22 years of age);
- refuses to change a previously accepted IEP or placement;
- makes a finding of no eligibility for special education services;
- refuses to conduct an assessment at a parent’s request;
- refuses to provide a service a parent has requested that is not in a child’s IEP or otherwise refuses a request related to the provision of special education to a child.
Once such a decision is made, the school must notify the parents of its decision before it is implemented. If the decision is to refuse to do something (for example, to provide requested services), then the school also must give the parents written notice of that decision.
Parents also have the right to examine records and to participate in meetings with respect to the identification, evaluation and educational placement of the child, and the provision of a FAPE. Parents have the right to be a member of any group that makes decisions about educational placement or their child’s IEP, and the right to proper notice of any meetings of such a group so they may participate in the meetings.
Parents are afforded the right to inspect and review any education records relating to their child. These requests must be complied with by the school district without unnecessary delay and before any meeting regarding an IEP or due process hearing. In any case, the school must comply with the request within 45 days. After an IEP is developed, parents have a right to a copy of the IEP at no cost.
When parents and the school district cannot resolve their differences about a child’s special education services, the parents can file a complaint with the Office of Superintendent of Public Instruction (OSPI) or can request a due process hearing. Complaints may be filed with OSPI by a parent or any individual or organization that believes the school district has violated Part B of IDEA or federal or state regulations.
The complaint must be filed within one year of the alleged violation. Due process may be initiated by the parent or by the school district, and must involve a matter related to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of the child, or to the provision of a FAPE.
This article is only a brief synopsis of the rights afforded to parents and their children with disabilities. This is an area of law that often is overlooked and most likely underutilized; parents who can afford to hire an attorney to help resolve disputes with school districts are more likely to choose to use that money to pay for the needed services for their children.
If we do not make it a priority to ensure that children are provided necessary educational and related services, it is not only a denial of their rights, but is harmful to society as a whole.
Heather Rekhi is a partner at The Rekhi Law Firm, PLLC, in Seattle. She is a former public defender and holds a master’s degree in special education from the University of Washington. Her practice focuses on special education law and criminal defense.
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