Procedural Safeguards Parental Rights Under IDEA {Tip 16 of 31}

Know your Rights! As the parent of a child who receives special education, you have certain rights that are guaranteed by Federal Law: the Individuals with Disabilities Education Act (IDEA). These rights are listed in this brochure and include your right to participate in meetings dealing with the identification, evaluation, and educational placement of your child and the provision of a free, appropriate, public education for your child. It also explains the IEP procedure and how each step, from identification to IEP goals, plays out. Procedural Safeguards should be offered to parents at every meeting and include some of the following:

The right of parents to receive a complete explanation of all the procedural safeguards ^[2] available under IDEA and the procedures in the state for presenting complaints

Confidentiality and the right of parents to inspect and review the educational records  ^[3]of their child

The right of parents to participate in meetings ^[4] related to the identification, evaluation, and placement of their child, and the provision of FAPE (a free appropriate public education) to their child

The right of parents to obtain an independent educational evaluation ^[5] (IEE) of their child

The right of parents to receive “prior written notice ^[6]” on matters relating to the identification, evaluation, or placement of their child, and the provision of FAPE to their child

The right of parents to give or deny their consent ^[7] before the school may take certain action with respect to their child

The right of parents to disagree ^[8] with decisions made by the school system on those issues

The right of parents and schools to use IDEA’s mechanisms for resolving disputes ^[9], including the right to appeal determinations

Know your rights read through these most notable procedural safeguards and make sure you have a clear understanding. Knowledge is power.