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Parental Rights In
Special Education (Procedural
Safeguards)
Parents have an important role in the
evaluation process when a child is suspected of having an
educational disability. Parental consent initiates the
process and the parent is included as a valuable member of
the multidisciplinary team. The special education process
affords parents the opportunity to be very involved in the
development of the child's educational programs beginning
with evaluation and assessment, through identification and
placement.
A complete copy of Parental Rights is
given to parents at the time of referral and on an annual
basis, usually at the annual review meeting of the Special
Education Evaluation/Placement Team. This handbook includes
a brief outline of parental rights in special education;
your rights are more completely described in the
following:
- Public Law 105-17, Individuals
with Disabilities Act
- NH Standards for the Education
of Students with Disabilities
- Code of Federal Regulations 34
Part 300
Some important parental rights in
Special Education include:
-
- Parent Participation As the
parent of a child who is receiving special education or
special education and related services, you are an
important member of the IEP team. You have the right to
actively participate in all educational decisions
involving your child and to attend team meetings
including all evaluation, IEP, and placement team
meetings.
- Right to Consent You have
the right to know that the school district must obtain
your informed written consent before any evaluation is
conducted or any placement is made in special education,
even if a placement is being renewed. Written consent is
also required before identification of a child with an
educational disability, changing the identification, or
changing the nature or extent of special education and
educationally related services for a child. You may
refuse to provide written consent. If the school feels
that the education plan is in the best interest of the
child, the school district may initiate Due Process
procedures to carry out its recommendation.
- Written Prior Notice You
have the right to receive written notice in language
understandable to you whenever the school district
proposes to initiate or change the identification,
evaluation, placement, or the provision of a free and
appropriate public education. The notice should explain
the proposed action and any evaluation, tests, records,
or reports used to support the action.
- Records You have the right
to examine all relevant records kept by the school
district regarding identification (coding), evaluation,
IEP, placement, and the provision of a free, appropriate,
public education to your child.
- Least Restrictive Environment
You have the right to have your child educated with
students who do not have disabilities to the maximum
extent that is appropriate for your child. You have the
right to know that the school district provides a
continuum of alternative educational environments for
students with disabilities.
- Educational Evaluations You
have the right to a full and individual evaluation of
your child's educational needs. By law, a re-evaluation
must be conducted every three years. You also have the
right to request an independent educational evaluation of
your student at the school district's expense if you
disagree with the school district's evaluation. However,
the school district may begin Due Process proceedings to
show that its evaluation is valid. If the district
evaluation is shown to be valid, you still have the right
to an independent assessment but not necessarily at the
school's expense. The school district must inform you
where and how an evaluation can be obtained and must
consider the evaluation for any coding, placement
decision, or hearing.
- Right to Appeal You have
the right to appeal any decision of the school district
regarding identification, evaluation, IEP's, provision of
a free and appropriate public education, or placement of
a disabled student. Due Process Hearing Procedures will
be followed.
- Complaint Procedures You
have the right to file a complaint with the NH Department
of Education regarding actions taken or not taken by the
local school district, the New Hampshire Department of
Education, or other public agencies that are not in
compliance with state or federal requirements. Such
complaint shall be written and contain information that
the organization violated a state or federal law
regarding the education of a child with educational
disabilities, and contain the facts on which the
statement is based. Complaints shall be directed to the
Commissioner of Education, 101 Pleasant Street Concord,
NH 03301. Complaints regarding special education may be
registered with the Director of Special Education for
School Administrative Unit #49 at 569-5167.
- Mediation You have the
right to request that you and the school district
participate in the Special Education Mediation Program
sponsored by the New Hampshire Department of Education.
Mediation involves the use of a qualified impartial
mediator to help develop a compromise agreement. It can
be used to avoid due process procedures.
- Due Process You have the
right to request a Due Process Hearing to appeal a
special education decision taken by the local school
district. At the time the Process is begun, the appealing
party shall give to the other party written notice of the
decision being appealed, the reason for the appeal, and
the solution being requested. Upon request, the school
district must provide you with a copy of the laws and the
process related to a special education
hearing.
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SPECIAL
EDUCATION PARENT HANDBOOK