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Parent Perspective: Those Three Words: Prior Written Notice
Alex from Delaware tells of the importance of knowing — and understanding — your rights. Listen to this podcast or read the transript.
| The Procedural Safeguards Notice must contain information about... | Which means that... |
| Parents' rights to obtain independent educational evaluations (IEE)* (*An IEE at public expense may be requested whenever a parent disagrees with an evaluation that has been conducted by the school. Parents are entitled to only one IEE each time the school conducts an evaluation.) |
You have the right to have your child evaluated by professionals from outside the school district if you disagree with an evaluation that has been conducted by the school district. The school district is required to allow outside evaluations but is not required to accept the results. Generally, you must pay for this evaluation; however, if it is determined that the school district's prior evaluation was inappropriate, you will be reimbursed for the cost of the evaluation. (Be sure to learn about your state or district policy regarding IEE.) |
| parents' rights to receive prior written notice any time the school district plans to evaluate the student, schedules a meeting where decisions will be made about the student's eligibility or educational placement or refuses to evaluate or change the student's plan or placement. | The school district is required to notify you beforehand if they wish to:
If you request evaluations and changes in your child's educational plan or placement, and if the school district refuses, they must give you prior written notice that explains their decision. |
| parents' rights to consent to evaluations and to the school providing special education services | The school district must obtain your written, informed consent before they can evaluate your child or begin to provide special education services to your child (following initial evaluation and eligibility). Their request for your consent must include specific information about the proposed activity and it must be presented in a way that is understandable to you. Until you give them your written consent, they are not required to provide special education services. You may consent to all or some of the services offered by the school. If there are some services you do not want your child to have, the school district must still provide the services to which you do consent. |
| parents' rights to have access to their child's educational records |
You have the right to see your child's educational records, to have copies and to have the records explained to you by school officials. If the records contain inaccurate or misleading information, you may ask that they be changed or make a written request for a hearing to challenge the information. School districts may release your child's records without your consent to other school officials or teachers who have legitimate educational interests in your child. They may also release records without consent in health or safety emergencies. If your child transfers to another district, the school district may release the records if you are informed that the records will be forwarded and have a chance to request the records and challenge any misinformation. |
parents' rights to present and resolve a complaint through the due process complaint and state complaint process, including:
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You must present complaints within two years of the alleged action (or within the period specified by your state's law). Note: In this context, a "complaint" is a legal document that states a plaintiff's case against a defendant. Procedures for resolving parents' complaints against school districts include:
Each state must also have a state complaint procedure that individuals or organizations may use to file complaints against a school district or districts. (See Chapter 11 for details.) |
| students' rights regarding the process to determine if they can be placed in an interim alternative educational setting. | If your child possesses or attempts to sell a weapon or illegal drugs, or inflicts serious bodily harm on another person at school, on school grounds or at a school function, the school district may place your child in an interim alternative educational setting (IAES), such as an alternative school, for up to 45 school days, without your written consent, whether your child has a disability or not. (See Chapter 11 for details.) |
| parents' rights regarding unilateral placement in private schools at public expense | If you choose to place your child in a private school without the consent of the school district, the district is not required to pay for the cost of the private school. However, if your child previously received special education from the school district, and it is determined through legal procedures that these services were inappropriate, then the district may be ordered to pay for the private school. (See Chapter 9 for details.) |
| parents' rights in due process hearings | Both you and the school district have the right to request a due process hearing to resolve a dispute. A due process hearing is a formal legal procedure before an impartial hearing officer or administrative law judge. You may request a due process hearing regarding any proposal or refusal of the school district to:
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| parents' rights to state-level appeals of decisions made in due process hearings (if applicable in that state) | Some states have a complaint procedure that allows you to file an appeal with the state department of education if you are dissatisfied with the outcome of a due process hearing. These procedures are available through your state education department or Parent Training and Information Center. |
| parents' rights to bring civil actions against the school district or state, including the time period in which to file such actions | If dissatisfied with the results of a due process hearing, you may file a civil suit against the state or school district within 30 days of a due process hearing. (See Chapter 11 for details.) |
| parents' rights to reimbursement of attorneys' fees under specific circumstances | When a due process hearing or civil suit results in a judgment that the school district did not provide appropriate services, the judge or hearing officer may order that attorneys' fees paid by the parents be reimbursed by the school district if the fees are not excessive. (See Chapter 11 for details needs new link.) |
