The Individuals with Disabilities Education Act (IDEA) provides procedural safeguards to protect the rights of children with disabilities and their parents while also ensuring that there are legal guidelines for families and districts when disagreements do occur. Here is what you need to know about your rights under IDEA.
Under the procedural safeguards, parents have the right to:
Receive a complete explanation of the Notice of Procedural Safeguards under IDEA, as well as the state’s procedures for presenting complaints. Parents must be provided with this document when:
Participate in all meetings related to the identification, assessment, and placement of their child as well as the provision of FAPE. The school must also notify parents with enough time to give them the opportunity to attend meetings.
Have certain documents interpreted/translated into their native language, including the IEP upon request, the parental safeguards, and information for which the school district is seeking consent. The school district is also responsible for providing interpretation/translation during IEP meetings, so parents should notify the school as soon as they schedule the meeting to make sure there is time to find an interpreter. The law says translation must be timely but doesn't specify what that means, so parents should request a deadline for translated IEP documents in writing.
Examine all educational records (this also includes protecting personally identifiable information, identifying who has access to the child’s records, and the right to amend or correct any information that is incorrect or misleading, or that violates a child’s rights).
Request an Independent Educational Evaluation for their child if they disagree with the school district’s assessment.
Receive prior written notice when the school district proposes or refutes a change in the identification, assessment, or placement of a child, or the provision of FAPE. The district must inform parents about proposed assessments within 15 days of receiving a written request for one.
Provide or refuse consent. Under IDEA, “consent” means that the parent has been informed of all relevant information and understands and agrees to the information in writing. There are two ways to refuse to give informed written consent: when you don’t respond to the school’s request for your consent, or when you explicitly refuse to give your written consent.
Disagree with decisions the school makes, including the identification of the child as a child with a disability, the child’s assessments and educational placement, and the special education and related services the school provides to the child. The law includes several ways to resolve disputes, including mediation, a resolution session, due process hearings, or a state complaint.
Former special education administrator, educational psychologist, and special education advocate Daphne Zacky Bold says “Parents have rights to ask questions.” However, it can be easier said than done. Bold says parents have shared with her that they’re worried about upsetting school staff and having them take it out on their child. Here’s what Bold advises: “Number one is that they shouldn't be afraid. They should know that they have the right to ask questions. They have the right to know what's going on. They have a voice. They know their child best, and they should speak up as much as they want.”
Parental participation is essential to helping the school provide our kids with a free, appropriate public education. There is an intimidation factor being in a room with a dozen experts in education, but Undivided education advocate Lisa Carey says, “You are the expert on your child. You know your child better than anybody else on that team. Not only that, but you are the only member of that IEP team who will be a member of the IEP team from now until your child is done with school. The rest of the team members will change as your child moves from grade to grade, but you're going to be the constant.”
Carey also says that one of the best ways to overcome feelings of intimidation is to bring someone with you to the IEP meeting, whether that’s a friend, an Undivided Navigator, or an education advocate. Therapy providers can also give valuable insight and support in person or through a progress report.
What if my IEP team schedules a meeting at a time that conflicts with my schedule?
Don’t forget: you as the parent are a key member of the IEP team! The school can’t make IEP decisions without you. An IEP meeting can be rescheduled if you need to bring a guest, such as an education advocate, a friend, an Undivided Navigator, or another person you trust to support you during the meeting. Also remember that a “part two” (or three or four) can be scheduled if the IEP team doesn’t address all your concerns during a single meeting.
What if my IEP team won’t send me a draft of the IEP to review before our meeting?
Some districts say they aren’t allowed to provide a draft before the meeting. Technically, districts aren’t required to provide a draft, but if you say to the IEP team, "We really would like to have a draft so we can participate in the discussion when the IEP meeting happens," they can provide you with a draft IEP or just a draft of the goals. They can provide you with copies of the assessment reports prior to the IEP meeting. As long as your IEP team is open to your input, they shouldn’t refuse your request for at least the assessment reports and a draft of the proposed goals.
What if my IEP team says I have to sign the IEP during the meeting?
You do not have to sign the IEP during the meeting, and it’s not recommended that you do. You do have to sign attendance, which is acknowledging you were there and you participated in the meeting. However, there is no requirement that you sign the IEP within any certain amount of time, so take it home, review it, and take your time understanding it before you sign.
How do I call an emergency IEP meeting with my team?
Education attorney Dina Kaplan says, “There's nothing in the law that says what an emergency IEP is. What it says is that if you're requesting an IEP meeting and there are no new assessments that need to be done, the IEP meeting should be held within 30 days [in California]. If there's new assessments, it’s within 60 days of your signing the assessment plan [in California]. So sometimes it's faster to have a quick meeting with a teacher if it's something that needs just a little tweaking and is not going to result in a change to the IEP.”
Can the school change IEP services without my consent?
If your child's IEP includes related services, the school must provide them, but it is possible for the school district to change details that are not written into the IEP, such as the specific person providing the service. For example, if your child's IEP specifies that they need transportation service, the details of how and when are left up to the school to arrange, such as which company is performing the transport. You can make a request, but the school is not required to honor your request for a specific arrangement. However, if the change in service affects your child's ability to receive FAPE, then it is worth calling an IEP meeting to address it with your IEP team.
What if the school takes a long time to translate the IEP into my native language?
As with IEEs, the law does not say what the timeline is for a district to translate an IEP; it simply states that districts need to respond without unnecessary delay. Education advocates have told us that there is a wide gap between what the law says and what they see in practice. Education advocate Mary Peitso says, “Without the translated documents, parents are unable to sign, and districts are unable to provide FAPE. This also significantly impedes meaningful parent participation in the IEP process. I think it's reasonable to give a district 30-45 days to get parents translated documents. I would file a compliance complaint with [the state department of education] over the issue if the district has not given parents the translated documents within 30-45 days. As the remedy, I would ask for compensatory services since the student has been denied the services and supports in the new IEP due to parents not being able to sign an IEP that isn't translated.”
If I have two children with IEPs, should I combine IEP meetings?
If you have multiple children with IEPs, the school might encourage you to combine your children's IEP meetings in an effort to save time. However, Carey cautions that you should not consent to a combined meeting. Carey says she wouldn’t even consent to schedule separate meetings on the same day. IEPs are often a draining process, so you might end up agreeing to things you didn’t plan to because you're tired and want to be done. It's also hard to keep the children’s needs and progress separate in a combined meeting.
If I am divorced, do my child’s other parent and I have the same rights in IEP meetings?
Until a court order says otherwise, both parents have equal rights to make their children’s medical and educational decisions. However, there can be all sorts of legal custody variations, so the specific terms of the court's legal custody order will dictate who has the right to make the decisions, whether certain decisions require mutual agreement, and other issues.
If both parties share educational rights and one agrees with the school while the other does not, the school may use the one party’s agreement to their advantage in resolving a dispute. Schools are not under any obligation to be aware of the parents’ marital status or the terms of their settlement, so often they will accept one parent’s signature as consent.
For more information, see our full article Navigating Divorce and Co-Parenting Children with Disabilities.
How do I withdraw consent for an IEP?
If you no longer want your child to have an IEP or receive any services, you can write a letter to school administrators stating that you withdraw consent for special education services. However, you may want to explore alternatives first that address the reason why you no longer want your child to have an IEP. For example, if you are not satisfied with the IEP services your child is receiving or you're concerned that the school is not providing them, you may want to call an IEP meeting and discuss your concerns. As a parent, you have the option of participating in informal dispute resolution or formal mediation/due process to address disputes with your IEP team.
If your child is doing well and no longer needs an IEP, you may want to call an IEP meeting to fade support, transition your child to a 504, or formally close out the IEP. If your child is moving to a new school, their IEP can follow them, so there is no need to end services at the current school before moving to the new school.
What if the school tells me I can no longer participate in IEP meetings once my child turns 18?
Your child will legally become an adult at age 18, and it’s a possibility that the school can deny you access to your child’s IEP. However, there’s an easy remedy to stay involved. Most school districts have a form that your child can sign. If the school doesn’t have a form, a letter to the district signed by your child allowing the parents to participate and make decisions should suffice. If you need to submit a letter from your child to the school, you can check out this sample letter template from Disability Rights California.
What do I do if the school makes decisions about my child’s 504 plan without me?
Unlike IEPs, 504 plans are not protected under IDEA; 504 plans come from a different set of laws that do not have requirements for parental participation. A parent’s expected involvement largely depends on the school district's policy. If the school is making decisions without you and you disagree, see our article 7 Ways to Resolve a 504 Plan Dispute for next steps.
What are my options if the school is not honoring my rights as a parent?
The law includes several ways to resolve disputes with your IEP team, including mediation, a resolution session, due process hearings, or a state complaint. You can work with an education attorney at any time, but it is especially recommended if you are going to due process.
If you are in California, follow Undivided’s step-by-step guide to resolving disputes with an IEP team.
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