Your child's rights once determined eligible for special education and related services
A meeting to design an Individualized Education Program (IEP) must be held within 30 days of your child being found eligible for special education services. An IEP should set reasonable learning goals for your child and state the services that the school district will provide.
You and your child have the right to participate in the development of the IEP, along with a team that will include: your child's teachers, a representative from the school administration who is qualified to recommend and supervise special programs and services as well as representatives from other agencies that may be involved in your child's transition services (if your child is age 16 or older). You can also request an advisor to help you better understand your rights and responsibilities as a parent, and request that this person be present.
Your child has a right to the least restrictive environment possible. Unless members of the IEP team can justify removal from the general education classroom, your child should receive instruction and support with classmates that do not have disabilities. Also be sure that special education services or supports are available to help your child participate in extracurricular activities such as clubs and sports.
During an IEP meeting, the IEP team will develop goals for any related services, such as occupational or speech therapy, which could help your child. Be sure the team specifies how often and for how long these services will be provided as well as in what setting the services will be provided. This team will also identify behavioral strategies to support your child's learning in school and at home.
Be sure to discuss what kind of assistive technology devices-such as speech recognition software, electronic organizers or books on tape-could help your child. Assistive technology services include evaluating your child for specific devices, providing the device and training your child to use the device. Also discuss any accommodations such as extra time and/or privacy and whether these are for all tests.
You have the right to challenge the school's decisions concerning your child. If you disagree with a decision that has been made, discuss it with the school and see if an agreement can be reached. If all efforts don't work, IDEA provides other means of protection for parents and children under the law. These other ways of settling your dispute allow parents and school personnel to resolve disagreements. Options include mediation with an impartial third person, a due process hearing or a formal hearing in a court of law.
An IEP meeting must be held once a year and comprehensive re-evaluation must be done every three years unless you and the school agree it is unnecessary. However, you may request an IEP meeting at any time.
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Learn more about learning disabilities
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An Online Chat with Candace Cortiella
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The following is a transcription of the podcast, “High School Diploma Options and Students with LD (audio).”
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The following is a transcription of the podcast, “Making the Most of the Parent Information and Training Network (Audio).”
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The following is a transcription of the podcast, “Support for Military Families Whose Children have Special Needs (audio).”
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