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The Rights & Responsibilities of Parents of Disabled Children in Public Schools

In 1975, the U.S. Congress passed the Education for All Handicapped Children Act, establishing the right of disabled children to an appropriate and free education in the least-restrictive setting possible. Schools are required to provide any needed aids and services that enable a child to attend regular classes. In 1997, the Individuals with Disabilities Education Act clarified and expanded on that right. Parents of disabled children have the right to participate in all educational decisions that affect their children.
  1. Evaluation

    • You have the right to have your child evaluated by the school district if you believe she's disabled in any way that requires special education services. If you disagree with the results, you have the right to an independent evaluation. You may request a reevaluation at any time. If the district plans to reevaluate your child, you must be notified in writing.

    Information

    • Schools are required to fully inform you of the rights you have under the law and of the procedures they will follow in teaching and disciplining your child. You have the right to advance notification, in writing, of any change made to your child's educational program and to be kept informed of his progress. You have the right to complete access to his educational records.

    Decision Making

    • As a parent, you have the right to participate in the meetings and decisions made by the team that develops your child's individualized education program, or IEP. The school is required to schedule IEP meetings at a time when you can be there. No changes to the IEP may be made without your written permission, and you may request an IEP meeting at any time. If you disagree with a decision made by the school district, you may request voluntary mediation or a formal due-process hearing.

    Your Responsibilities

    • Just as the school must keep you informed in writing, you should share any new information that may help it educate your child. Be prepared for IEP meetings with this information and any questions you may have, and keep records of all educational and medical issues. Get to know the professionals who work with your child and exactly what they do, and find out what you may be able to do at home that will help. If you don't understand something, ask.

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