Your Rights as a Parent Under Special Education Law

Parents play a central role in major educational decisions. After all, you know your child best. The Individuals with Disabilities Education Act (IDEA), our country’s federal special education law, recognizes that parents have unique knowledge about their child and, as such, the law provides important parental rights throughout the special education process.

The IDEA provides a much broader set of protections beyond attending meetings for your child. Parents have the right to participate in educational decision-making, review school records, consent to certain services, challenge school district decisions, and even request an independent evaluation if they disagree with the district’s assessment of their child’s needs.

The IDEA defines the term “parent” broadly. In addition to a biological or adoptive parent, the law may recognize a legal guardian, a person acting in the place of a parent, or a surrogate parent appointed under the IDEA.

Parents are members of their child’s IEP Team. They have the right to participate in discussions regarding whether their child qualifies for special education, educational evaluations, Individualized Educational Program (IEP) development, placement decisions, and services and supports their child will receive. Schools are required to consider the concerns parents raise about improving their child’s education when developing an IEP. This means parents are not simply invited to meetings – they are to be active participants in the decision-making process.

The IDEA also gives parents important notice and consent rights. For example, school districts generally must obtain parental consent before conducting a special education evaluation or reevaluation and before providing special education services for the first time. In addition, parents are entitled to receive prior written notice when the school wants to change important aspects of the child’s educational programming or placement. These notice requirements help ensure that parents understand the decisions being made and have an opportunity to respond before significant changes occur.

When parents disagree with a school district’s decisions, the IDEA provides several ways to resolve those disagreements. Depending on the circumstances, parents may request mediation, file a state complaint, request a due process hearing, or pursue judicial review. Another important safeguard available to parents is the right to request an Independent Educational Evaluation (IEE) – a process during which an independent qualified evaluator will assess the child at the school’s expense. After receiving an IEE request, the school must either agree to fund the independent evaluation or file a due process hearing. IEEs can provide a very helpful third-party perspective on a child’s educational needs and facilitate agreement where it may be lacking.

While the IDEA gives parents significant rights, school districts are not legally required to agree with every well-meaning parental request. According to Pennsylvania case law, schools are not obligated to “provide ‘the optimal level of services,’ or incorporate every program requested by the child's parents.” Ridley School District v. M.R., 680 F.3d 260, 269 (3d Cir. 2012).

If you have a legal concern or dispute regarding your parental rights in the special education process, Rankin Legal is here to help. Reach out today for a complimentary consultation at aimee@rankinlegalpa.com or 412-212-8356.