A Guide to Understanding Rights and Responsibilities Parental Rights A Guide to Understanding Rights and Responsibilities

Warm up With a partner discuss what you know about IDEA.

Individual with Disabilities Act (IDEA) Federal Law Amendment to Public Law 94-142 the Education of All Handicapped Children Act of 1975 Law mandated the role of parents as equal partners in making educational decisions for children Empowers parents to become Educational Advocates for their children

Records Parents have a right to: look at the child’s records Have the records explained Add information relevant to child Ask for copies of child’s records (there may be a fee) Give written permission for someone to review the records on the parent’s behalf

Confidentiality of Information Records are private Only school employees who are involved with the child will have access to records Only the parents can give written permission for others to view the child’s records

True or false Any school employee has access to the students IEP and or psychological. True? False?

FALSE Only those employees that are directly involved with the child have access to those records Parent must give written permission for anyone else to view the records.

Independent Evaluation If the parent disagrees with the evaluation done by the school, they can request another evaluation at public or private expense. The parent would need to contact the school district for more information. The school system must consider the results of the independent evaluator The IEP team will use the results to determine if the child has a disability or needs special education services

Notice/parent Participation Parent must be notified of their parental rights Parent must be invited to all meetings about their child Parents are to be given copies of all documents about the child’s education program and have them explained if requested If needed, the school system will provide documents in the native language, Braille, or explained in sign language and/or an interpreter Parent has the right to have the meeting held in a mutually convenient place Parent has the right to excuse or not excuse members of the IEP team from the meeting. The school cannot excuse members without permission from parent

Evaluation Procedures Every child has the right to a complete evaluation to determine if he/she has a disability and is in need of special education and/or related services Evaluations must consist of more than one test, be given in their native language, and be evaluated every 3 years Parent will be involved in the decision about eligibility and the programs that the child needs

True or False Parents do not have to be invited to IEP meetings. True

False The team can not have an IEP meeting without the parent in attendance or without written permission to meet without them.

Least Restrictive Environment The child has a right to be taught in classrooms and participate in all school programs and activities with other children without disabilities, of the same age, grade, to the greatest extent appropriate for that child School personnel will make accommodations and modifications so that the child can participate in all school programs and activities to the greatest extent appropriate

Surrogate Parents If the child is a ward of the state, the school district will assign a surrogate parent who will represent the child Surrogate parents will receive special training and will act as the parent by giving consent and attending all meetings The surrogate parent has all the same rights as the parent in special education matters relating to the student

Complaints, Mediation, Hearings The parents or the school system have the right to ask for mediation or a due process hearing (both the parent and the school system must agree to try mediation before it will be scheduled) If a due process hearing is requested the parents have a right to participate in the resolution session that gives an opportunity for the parent and the school to resolve issues before the due process hearing takes place which would provide an immediate benefit for the child Parents have a right to an impartial due process hearing that is conducted by an administrative law judge, a right to have an attorney, and a right to appeal the decision within 90 days of the date of the decision. A formal complaint can also be filed with the Georgia Department of Education to investigate concerns related to IDEA or Georgia Special Education Rules @ fax# 404-651-6457 or mailed to 1870 Twin Towers East 205 Jesse Hill Fr. Drive SE, Atlanta, GA 30334

Consent The school system will not evaluate or re-evaluate the child without parent permission The school system will not place a child in special education or change their program placement without the parents consent The school system will not release the child’s records without parental consent (except to certain individuals identified in law) Parents have the right to not give consent Parents have the right to take revoke consent (in writing) so that the child will no longer receive special education services

Private School Placement If a parent decides to place their child in private school, they must inform the school at the IEP Team meeting and explain their concerns about the public program The school district is not required to pay for the private school if the district has offered a free appropriate public education to meet the child’s educational needs that have been identified through the educational evaluation and are included in the IEP

Discipline Procedures and Rights The school system must follow certain procedures when students with disabilities exhibit behaviors that cause the IEP Team to find alternate ways and/or settings to educate the child Schools may remove students to alternative programs when there is a potential danger to a child, students, or school personnel Regardless of the setting, the school system must continue to provide free appropriate public education The setting must enable the child to continue to receive services that will allow them to meet their goals in their IEP Disciplinary actions occur for violations involving drugs, alcohol, weapons, or other school rules violations

Closing Using a soft ball, throw the ball to different people around the room. When the person catches the ball, they must give a statement about parents rights to the group. Continue until 10 people have caught the ball.

Contacts If a parent has concerns about their child’s education it is important to tell the school principal or the special education director Parents can contact Parent to Parent of Georgia for child advocacy @ 1-800-229-2038 www.p2pga.org Parents could also contact the Division for Special Education Services and Supports at 404-656-3963 or 1-800-311-3627 or the website www.gadoe.org to help find other helpful resources