Your Rights as a Parent Under Individuals with Disabilities Education Act (IDEA)
IDEA is a federal law that guarantees your child free and appropriate public education (FAPE) and ensures parents have a voice in decisions about their child’s special education.
Your Key Rights
1. Free Appropriate Public Education (FAPE)
• Special education and related services are provided at no cost.
• Services must meet your child’s individual needs.
2. Participation in Decisions
• You are a required member of the Individualized Education Program (IEP) team.
• You have the right to attend meetings, ask questions, and share concerns.
• You have the right to bring an advocate, family member, or other support person to an IEP meeting.
• Meetings must be scheduled at a time you can attend.
IEP - It is a written plan developed for a student who qualifies for special education under IDEA. The IEP explains what services and supports the child will receive at school.
3. Evaluation Rights
• You may request an evaluation if you suspect a disability.
• Evaluations require your written consent.
• Testing must use more than one method and be fair to your child.
4. Independent Educational Evaluation (IEE)
• If you disagree with the school’s evaluation, you may request an independent evaluation.
• The school must pay or explain why its evaluation is appropriate.
5. Informed Consent
• Schools must get your written permission before starting special education.
• You may withdraw consent at any time (in writing).
6. Access to Records
• You have the right to review your child’s educational records.
• Schools must provide access without unnecessary delay.
7. Prior Written Notice (PWN)
• Schools must notify you in writing before changing or refusing services, placement, or evaluations.
• The notice must explain what is changing and why.
8. Least Restrictive Environment (LRE)
• Your child should learn with peers without disabilities as much as possible.
• Separate settings are used only when needed.
9. Dispute Resolution - If you disagree with the school, you may:
• Request a Mediation - Mediation is a way for parents and schools to talk through problems with the help of a neutral mediator and try to reach an agreement.
- File a complaint - A state complaint is a formal written complaint filed with a state’s Department of Education when a parent believes a school has violated special education law under the Individuals with Disabilities Education Act (IDEA).
- Request a due process hearing - Due process is a formal legal procedure under the Individuals with Disabilities Education Act (IDEA) that parents or schools can use to resolve serious disagreements about a student’s special education.
Remember: You are an equal partner in your child’s education. Your input and consent matter. Document everything.