By Jason Krasnow
Q: What role do parents have in the referral process?
A: A parent’s role in special education starts with the referral process. School personnel, state agencies, or parents themselves can refer a child for evaluation if they suspect that the child has a disability and needs services. Within 20 days, the school district must hold a referral meeting where they decide whether to evaluate the student. The parental role in special education starts here: parents have a right to participate in this identification meeting and in most other formal meetings associated with special education services.
It is important to remember that throughout the IEP referral, evaluation, reevaluation, and transition processes, parents have the right to written notification of meetings and prompt responses to formal complaints. State law usually sets specific deadlines for both parents and districts to follow to minimize delays and expedite the support that a child with disabilities needs.
Q: What role do parents have in the assessment and evaluation process?
A: Once the team refers a student for further assessment, the student receives a formal evaluation, which often involves specialized tests and observations by credentialed professionals. This initial evaluation determines whether the student qualifies for special education and related services. If a student qualifies for services and receives an Individualized Education Program, or IEP, they will be re-evaluated every three years. Parents or school staff can request reevaluations sooner if needed.
After each of these evaluations, including the initial one, parents can request an independent evaluation at the school district’s expense if they disagree with the findings. While the district can challenge this, they cannot prevent parents from seeking an independent evaluation and paying the costs privately or through insurance. School districts must also direct parents to suitable evaluators in the area. The district must request a due process hearing if they deny parents’ request for an independent evaluation.
Q: What role do parents have in the IEP process?
Parents are an essential part of the IEP team. They attend IEP meetings, sign the IEP document, and take part in making decisions about their child’s education. In meetings, parents can share insights about the student’s needs and strengths, provide feedback on goals, strengths, and areas of concern, and they can advocate for services, accommodations, or interventions. Parents are in a unique position to provide input because they observe their child, communicate with their child, and navigate their child’s needs daily. Their input allows the IEP team to make better decisions.
Q: What role do parents play in the transition process?
A: Transition planning for students with disabilities starts at age 14, or younger if appropriate. While students must be invited to attend their own transition planning meetings, parents again play a key role. They often help their child navigate the transition process, interface with district personnel, and share insights about the student’s abilities and challenges. This is especially relevant where, as is often the case, parents and family provide part of the support system on which the student will rely as an adult.
Q: What can parents do if they disagree with decisions made by the IEP team?
The law requires school officials to provide written notice when they plan to change a student’s classification status, placement, or services, or when they decline to implement a requested change. School districts must explain their decisions in writing, provide the parent with information about the relevant rights, and notify them of procedural safeguards. Parents can then discuss the decision with their child’s IEP team or request more formal remedies.
These remedies can include mediation provided by the Department of Education or a formal due process hearing conducted by an administrative law judge. In mediation, the parent and district meet with a mediator who helps them resolve the conflict; if they agree on a resolution, both sign a legal agreement to abide by the outcome. The due process hearing, unlike the less structured mediation process, always produces a legally binding result. Due process hearings take place under an administrative law judge who hears both parental and district arguments and then rules on the case.
A process called “emergent relief” allows parents to request an expedited due process hearing if a district decision regarding their child affects one of four key areas: placement, interruption of services, participation in graduation ceremonies, and discipline.
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