Rights for Guardians of Preschool and School-Age Students with Disabilities

aticortlandco
group of people standing infront of blackboard

by Erin Vallely

As a disabled individual, I received special education services when I was in school. Now, as Cortland County’s education advocate, I work with children and their guardians to ensure they receive the services and support they need to thrive in school. The biggest issue my clients face is not knowing what rights they, and their children, have in the special education system. In 2022–23, the number of students ages 3–21 who received special education and/or related services was 7.5 million, or the equivalent of 15 percent of all public-school students. While my primary goal is always to meet the needs of the child, I also prioritize educating the guardians on the laws that govern the system.

History of Special Education

Prior to the 1970s, most disabled children were excluded from public education. Students either did not attend an education program, or were placed in separate settings with minimal access to educational resources. This began to change with the 1975 Education for All Handicapped Children Act (EHA). It guaranteed a “free, appropriate public education” (FAPE) to all children and young adults aged 3–21 with disabilities. In 1990 the Act was reauthorized and renamed the Individuals with Disabilities Education Act (IDEA). The revised Act expanded the impact of the law, strengthened IEP requirements, supported inclusion and access to general education classrooms, expanded post-graduation transition services, clarified disciplinary policies and safeguarded students’ rights, and established compliance requirements for states and schools.

Key Procedural Safeguards

Under the Individuals with Disabilities Education Act (IDEA), children and their guardians have legal protection during the evaluation and Individualized Education Program (IEP) process. These protections are known as Procedural Safeguards. The school must provide you with a written explanation of your rights under IDEA. It is important to have a basic understanding of your rights to ensure your children are treated fairly. While each state has unique details to their procedural safeguards, they are largely the same from state to state because they are governed by a federal law. Here are some key aspects you should know about:

  • Prior Written Notice: Your school district must provide you with certain information in writing whenever it wants to change, or refuses to change, the identification, evaluation, or educational placement of your child. They must explain their reason for the choice, describe how they came to their decision, remind you of your rights, and provide any other important information on the issue. The information must be written in a way you can easily understand it and be written in your native language or other mode of communication you use.
  • Parental Consent: The school district cannot make choices for your child without your written and/or signed approval. For example, they need to get your permission before they test your child for special education services. The school district must also get your permission before providing special education or related services to your child for the first time. You can take back your permission to provide services to your child by writing a letter. It is important to understand there are special situations where your rights might be different. There are also situations where the school can argue against your decisions.
  • Independent Educational Evaluations: Before special education services are provided to your child, they must be evaluated to determine their needs. An independent educational evaluation (IEE) means an evaluation done by a qualified examiner who is not a school employee. You have the right to an IEE if you disagree with the results of the school’s evaluation. The school district must provide you with information about where you can get one. The school might even pay for an independent evaluation. However, they may also argue their assessment was accurate and not pay for an outside assessment.
  • Access Rights: You have the right to see and read any education records about your child that are collected, maintained, or used by your school district. You also have a right to have the records explained to you, receive copies of records, and have an advocate or legal representative also review the records. When you request access to records, they must be provided to you as quickly as possible. Schools may charge a small fee for copying records for you. If any record includes information on multiple children, you only have the right to review the information about your child or to be informed of that specific information.
  • Dispute Resolution Options: Mediation is a voluntary option where an impartial individual who understands special education law helps you and the school agree on a legally binding way to handle a reported issue. You may also file a State Complaint which describes to the government what the school did that was illegal. Lastly, you can file a Due Process Complaint if you believe the school has improperly proposed or refused to initiate or change the identification, evaluation or educational placement of your child, or their right to a free and appropriate education. Schools can also file Due Process Complaints.

Get Involved!

Although the Procedural Safeguards booklet can seem overwhelming, it is important for guardians to understand the rules. People need to understand what their legal rights are when involved in the special education system, and educators and administrators need to understand their legal responsibilities.

If you believe you, or your child, are experiencing discrimination at school, or have questions about special education rights and laws, please contact ATI at 607-753-7363 or by email at info@aticortland.org.

Discover more from Access To Independence of Cortland County, Inc

Subscribe now to keep reading and get access to the full archive.

Continue reading