Rights Under the IDEA

  1. A free and appropriate public education from the age of 6 through 18
  2. Access to the same variety of programs and services that children without disabilities have.
  3. Placement in the least restrictive learning environment, to the degree possible, at the same school the child would attend if she did not have a disability.
  4. Another appropriate learning setting if attending a local public school is not possible.
  5. Appointing a person to act as a parent surrogate and to participate in the IEP meeting if the parents are unavailable.
  6. Participation in the writing of the IEP
  7. Placement outside the school district in another public school or private school at public expense if local schools do not have an appropriate program.
  8. Annual review of placement
  9. Privacy and confidentiality of all records.

As a parent, you have the following rights under the IDEA:

  • Participate in the review of your child’s IEP.
  • Agree to a time and place for those meetings
  • Instruct the local school agency to hold these meetings in your primary language and to make special arrangements for any disability you or your spouse may have.
  • Give consent before any assessment is conducted
  • Receive a copy of the assessment report.
  • Get an independent assessment of your child at public expense if you find the schools’ assessment inappropriate. The school may request a hearing to decide the appropriateness of it’s own assessment.
  • Give voluntary written consent to any activities proposed for your child.
  • Receive written notice of any proposed change to the IEP or the school’s refusal to make a requested change to the IEP.
  • Attend and make comments at the annual public hearing for the state’s special education plan.
  • Review and if necessary, question your child’s records in accordance with the Family Educational Rights Act.
  • Disagree and refuse consent on the following ideas:
  • Correcting or changing information in your child’s files
  • Evaluating your child
  • Placing your child in a special education program
  • Obtaining additional information from an outside source about your child
  • Giving information from the school to another person about your child
  • Changing the special program placement of your child
  • Removing your child from the special education program.