What Parents Need to Know About Special Education Rights
Disclaimer: Nothing in this post should be interpreted as legal advice. It is intended to help you understand this area of law and to help you ask the right questions with the attorney of your choice. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship.
To help parents better understand the legal jargon associated with special education, we invited Attorney Laura Heneghan to discuss parental rights. What are your rights as parents, where do those rights come from and how do you exercise them? It is important to know your rights because knowledge is power.
Laura Heneghan, Esq. proudly practices as a special education attorney, representing children and adolescents with disabilities who are not receiving appropriate services from their public school district. After trying to navigate the special education process as the mom to a child with disabilities, Attorney Heneghan began practicing special education law. With the goal of supporting the unique needs of the student, Attorney Heneghan brings personal experience, passion, and a collaborative approach to her clients.
Where does a parent’s guaranteed civil rights come from?
The Individuals with Disabilities Education Act (IDEA) was created in 1975 to uphold and protect the rights of infants, toddlers, children, and youth with disabilities and their families. IDEA ensures that all children with disabilities have the opportunity to receive a “free and appropriate public education” (FAPE).
You can learn more about the purpose of the IDEA, here.
It’s important to note that the IDEA does not just ensure the rights of children with disabilities, it also protects the rights of the child’s parents.
Five Special Education Rights Every Parent Needs to Know
The more you learn about your special education rights, the better prepared you will be to advocate for your child.
Here are five special education rights you will need to know and understand:
1. Consent
Until your child is 18, you have the right to consent to what is being done for your child at school. As the parent, you have the right to consent to initial evaluations, records being sent, initial services, and reevaluations. You can withdraw your consent in writing at any time.
2. Prior Written Notice
You have the right to prior written notice before the IEP team proposes or refuses to initiate or change identification, evaluation, educational placement, or provision of a free and appropriate public education.
3. Meaningful Parent Participation
Your presence at every IEP meeting is a parental right. When developing the IEP, the team must consider your concerns. You are an equal member of the team and you also have the right to call for an IEP meeting.
4. Independent Educational Evaluations
When a parent disagrees with a school district evaluation, they have the right to request an independent educational evaluation (IEE) by an evaluator not employed by the district. If the district approves the request, then the evaluation is at the expense of the district. If they deny the request, they must initiate a due process hearing. Another option is to secure your own evaluation, and then submit it to the district for consideration. When you secure your own evaluation, you are responsible for the cost.
5. Due Process
Due process is a formal process that provides parents with the right to resolve special education issues with their school district. You have the right to file for due process relating to the proposal or refusal to initiate or change identification, evaluation, or placement for your child, or when you believe there’s a denial of FAPE.
Reasons Why Parents Don’t Enforce Their Rights
As a parent, you hold these rights and you can enforce them through due process or compliance complaints, but often parents are reluctant to enforce their rights. This may occur for a number of reasons, parents may:
Be confused about their rights,
Feel intimidated by the ‘team’ in the IEP meetings,
Have been told they have unrealistic expectations of their child,
Be worried about retaliation against their child,
Feel powerless, and
Fear challenging the ‘team’ decision.
Parents may also not be able to find or afford legal support or advocacy services.
Watch our recent webinar to learn more from Laura Heneghan, Esq. about your special education rights as a parent.
Meet attorney Laura Heneghan:
Laura Heneghan, Esq. holds a law degree from Pace University School of Law. She holds a Bachelor of Arts in Political Science from Binghamton University. She holds a Certificate in Special Education Advocacy from the PELE Clinic at William and Mary Law School.
She has completed a 60-hour Orton Gillingham training, an evidence-based program based on the science of reading.
She is a Board Member of Smart Kids with Learning Disabilities. She provides Pro Bono legal services to immigrant children seeking Special Immigrant Juvenile Status in Probate Court through Children’s Advocates of Connecticut. Attorney Heneghan previously served on the Board of Directors for the Western Connecticut Center for Human Rights, has served as a court-appointed Guardian Ad Litem for CASA of SW Connecticut, and as an Educational Surrogate appointed by the Connecticut Department of Education on abuse and neglect cases.
Connect with Attorney Laura Heneghan at LOLAH.