FAQ

May a parent refuse an initial assessment for possible special education eligibility?

Yes, you can refuse. The school district can't conduct an initial evaluation without your consent. It's up to you whether to have your child evaluated for special education services. ... They may assume, incorrectly, that any child who gets evaluated will end up being placed in a “special” classroom.

US Department of Education. 300.300 Parental consent.

Resource link: Ed. IDEA

May a parent refuse the initial provision of special education services?

Yes, the school must obtain your informed written consent before the initial provision of special education and related services to your child and must make reasonable efforts to obtain that consent.

If you don’t respond to the request for consent for the initial provision of special education and related services, or you refuse to give consent, the school system may not override your lack of consent and implement the IEP. The school system is not considered in violation of its requirement to make a free appropriate public education available to your child. Your lack of consent, however, means that your child will not receive special education and related services in school.

Center for Parent Information and Resources

Resource Link: Parent Center Hub

What do I do when the parent will not sign the IEP in disagreement or agreement?

Parents may often think they can shutdown an IEP meeting by refusing to sign the actual IEP or ignore the school requests and suggestions. In most states, failure to sign means nothing. In the worst case scenario, an IEP immediately takes effect if you DON’T sign. A parents signature doesn’t hold as much weight as they might think. After solid attempts to communicate and reach an agreement with the parents with no success, the schools will do their best to provide what is in the best interest of the student , with or without the IEP signature.

Resources from:

What is due process?

IEP due process is protected under the Individuals with Disabilities Education Act, (IDEA), and provides parents with the right to resolve disputes with your school district. There are two ways to resolve disputes, mediation and through a due process hearing. You are not required to mediate but it can be a very good way to resolve your dispute. If you cannot reach a decision through mediation, or if you prefer not to mediate you can request a due process hearing. Here, you and the school district present written evidence about the disputed issue and have witnesses testify before a hearing officer. If you do not agree with the outcome of the hearing, you can appeal the decision all the way to state or federal court.

Resource Links:

When there is a due process case pending, is the school site require to hold the annual or tri-annual IEP team meeting?

Yes. Schools are required to hold annual or tri-annual IEP team meeting when there is a due process case pending. According to Lozano Smith Attorneys at Law (2012), "The Ninth Circuit has reasonably held that school districts must hold annual IEP team meetings for each special education student, regardless of whether litigation is pending or the parents are not cooperative. (Anchorage Sch. Dist. v. M.P. (9th Cir. 2012) 689 F.3d 1047.)."

May parents record an IEP team meeting on an audiotape or with a video recording device?

Federal Law in reference to the Individual Disabilities Education Act (IDEA) does not specify the right for parents to record an IEP Meeting on audio tape or video tape device. In addition, the laws vary for each State. The following link provides additional information: Recording IEP Meetings, Not That Simple

What does the school site administrator or designee do when a parent disagrees with an IEP?

The school site administrator or designee should offer the parent 3 options when a parent disagrees with an IEP. The 3 options are as follows:

1. Informal Dispute Resolution (IDR)
2. State Mediation Only
3. Formal Due Process Proceedings

An example of these options are provided by the Los Angeles Unified School District-Division of Special Education Services

What do you do when a parent asks to have their child removed from special education services?

If a parent asks to have their child removed from special education services, it is the school's responsibility to inform them of their right to do so and to provide the school with a written Revocation of Consent for Continued Special Education Services . The Individuals with Disabilities Education Act (IDEA) regulations allow a parent to revoke consent to continued special education services.

What should a school site do when a parent provides a copy of a private assessment or independent educational evaluation (“IEE”)?

Parents have the right to hire a private assessment or IEE (Independent Educational Evaluation). It's usually paid for by the parent because a district will typically use their own staff to perform assessments. When presented to the team the school must consider the information but it has no legal requirement to accept the results or the recommendations. The school district can be required to pay for the assessment in some circumstances, particularly if they don't have qualified staff to conduct the assessment. 34 C.F.R. 300.503(c). ("If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child.") Code of Federal Regulations.

What is compensatory education?

Compensatory education is a trust fund of money that is set up for a particular student to further their IEP goals. It's often referred to as "comp-ed" and can be used to fund items such as tutoring, evaluations and technologies that are supporting the IEP goals. This "trust fund" if you will is often awarded to parents through due process. A formula is used to determine the amount of deprivation a student has encumbered and that amount is set aside to be used in the future to fund other related programs related to the students IEP.

What does “stay put” mean?

The "stay put" provision states that during the pendency of any due process proceedings, the child shall remain in the then-current educational placement. 20 U.S.C. § 1415 (j).

What is a “Manifestation Determination”?

This is a meeting that is held for students that are on an IEP and have been suspended for 10 or more days or are being recommended for expulsion. The purpose of the meeting is to determine two things. Was the behavior being suspended for or recommended for expulsion a direct result of the students disability? Or was the behavior the the direct result of the LEA's failure to implement the IEP. If either of these questions are answered yes then the expulsion process stops at that point and the student comes back to their current placement. If not already in place a BIP or Behavior Intervention Plan will need to be drafted or revised. An FBA or Functional Behavioral Assessment may need to be conducted if the student does not already have one. If both questions are answered no than the process of expulsion may move forward. In the case of 10 days of suspension or more the purpose is to determine what other supports or measures can be taken to support the success of the student in the IEP.

What are the key elements of FERPA (Family Educational Rights and Privacy Act)?

According to the U.S. Department of Education, The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a post-secondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99. In layman's terms it's designed to protect the privacy of students and their parents as well as to protect the students educational information and status as a student.

What are the key elements of FERPA (Family Educational Rights and Privacy Act)?

According to the U.S. Department of Education, The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a post-secondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99. In layman's terms it's designed to protect the privacy of students and their parents as well as to protect the students educational information and status as a student.