Parents as Partners with the School

 

Parents partner with schools when they work together on a team to design and support an Individualized Education Program (IEP). The federal law that governs special education is the Individuals with Disabilities Education Act (IDEA). The IDEA describes parent participation in the IEP process as a primary principle. However, not every meeting feels collaborative to every family. This presentation provides information about how to participate as part of a team and what parents can do when they disagree with school decisions.

For a foundational video about the IDEA, IEPs and Section 504 of the Rehabilitation Act, watch PAVE’s video, Introduction to Special Education.

Child Find: Schools Have a Legal Duty to Evaluate Children Impacted by Disability

A Brief Overview

  • School districts have an affirmative duty to locate, evaluate and potentially serve any infant, toddler or school-aged student impacted by disability under the Child Find Mandate — part of special education law.
  • Adequate marks and “passing from grade to grade” does not erase the school’s responsibility to evaluate under Child Find. School refusal, missing social skills, trouble with emotional regulation and behavior struggles can trigger an evaluation.
  • Each school district has a duty to locate students residing within the district who might need special education. In order to meet its obligation under Child Find, a district has procedures to locate, identify, and evaluate students ages of 3-21 who are suspected of having a disability.
  • If parents at any time believe that a child may need special education and related services, they can contact the school and/or the district office to request an evaluation. A suspected disability that might significantly impact learning meets the standard for evaluation. Data from that evaluation determines eligibility. The Office of Superintendent of Public Instruction (OSPI) has more information.
  • PAVE recommends that parents make a request for evaluation in writing and provides a sample
  • Screening and evaluations are free. Early intervention and special education services through the public-school system also are at no cost to the family.
  • Parents have the right to request an evaluation from the public-school district regardless of whether a child attends public school.
  • Parents who disagree with the results of an evaluation—or a school’s decision to not evaluate—have the right to dispute decisions through a variety of informal and formal processes, described in the Procedural Safeguards.

 

Full Article

Parents, teachers or anyone else can refer a child for an educational evaluation if there is reason to suspect that a disability is impacting that child’s ability to learn. The local school district provides a comprehensive evaluation, free to the family, if there is a known or suspected disability and reason to believe that appropriate early learning or school success requires intervention.

The school district’s duty to seek out, evaluate and potentially serve infants, toddlers or school-aged students is guaranteed through the Individuals with Disabilities Act (IDEA), as part of the Child Find Mandate. The law says that this obligation to evaluate exists for all children ages 0-21, regardless of whether they:

  • Attend private or public school
  • Are housed in a stable way or are homeless
  • Live with a birth or adopted family or are a ward of the state

Receiving adequate marks and “passing from grade to grade” does not erase the school’s responsibility to evaluate. Impacts to all areas of school and learning are considered. Academic challenges might trigger an evaluation. So can school refusal, communication deficits, missing social skills, trouble with emotional regulation and behavior challenges.

Children in private schools are protected by Child Find

Parents have the right to request an evaluation from the public-school district regardless of whether a child attends public school. If the child is found eligible for services, the local district is responsible for providing those services unless the family doesn’t want them. In some cases, families arrange to have a child attend a private school but receive special-education services through the public school. Private schools do not have to evaluate children or provide special education, but they are responsible to provide equitable services and to comply with the Americans with Disabilities Act. See PAVE’s article about navigating private school.

The IDEA includes 14 categories of disability that might qualify a student for special education services at a public school. PAVE has an article with more detail about the IDEA and additional articles with information about evaluation process.

Request an evaluation in writing

PAVE’s Parent Training and Information (PTI) staff recommend that families request evaluation formally—in writing. Specific deadlines apply in the evaluation process. Washington schools have 25 school days to decide whether to evaluate. After parents sign consent, the school has 35 school days to complete the evaluation.

A sample letter to request evaluation is available on PAVE’s website. The Office of Superintendent of Public Instruction (OSPI) provides more detail about state requirements. A national agency called Wrightslaw has additional information about Child Find.

The Child Find Mandate requires states to implement programs to locate children who might need more support, particularly those who might need services as infants or toddlers. Child Find is written into the IDEA in “Part C,” which protects children 0-3 with known or suspected disabilities in need of early intervention. However, Child Find applies to all children who might need services—through age 21 or until high-school graduation.

Testing determines whether the child has a disability that is causing learning delays. For very young children, this includes a known or suspected disability that might delay learning. For a child younger than 3 in Washington State, early intervention is provided with an Individualized Family Service Plan (IFSP). PAVE’s website includes an article with more information about early intervention services and the transition to school-aged services at age 3.

For a child ages 3-21, an evaluation determines whether specialized instruction is necessary for the student to access learning at school. PAVE’s article about the Individualized Education Program (IEP) provides detail about how special education services are delivered.

Schools use data to determine whether a child is eligible for services

If parents at any time believe that a child may need special education, they can contact the school and/or district office to request an evaluation. A suspected disability that might significantly impact learning meets the standard for an appropriate and comprehensive evaluation. Data from that evaluation determines eligibility. The Office of Superintendent of Public Instruction (OSPI) has more information.

The referral process includes a review of existing data about a student. Existing data might include information from families, medical providers and anyone who can discuss a child’s performance at public school, preschool, private school, at home or in another setting. Based on this data, the district decides whether to evaluate. Sometimes the decision is discussed at a “referral meeting” with school staff and parents, but a meeting is not required. OSPI has additional information about how the state implements Child Find.

Child Find requires schools to do outreach

School districts operate Child Find programs in a variety of ways. For example, a school might:

  • Train teachers to recognize signs that a student might need to be screened
  • Publish, post and distribute information for parents so they can understand how to request evaluation and why a child might benefit from services
  • Offer workshops or other trainings to parents about evalution, early intervention and special education

When should a parent be concerned?

If parents don’t think their child is growing or developing like other children the same age, they can request an educational evaluation, even if a pediatrician says there is no cause for concern. The national Center for Parent Information and Resources (CPIR website: ParentCenterHub.org) provides a list of developmental milestones to help parents recognize potential delays. Early intervention can be critical. Parents can contact their local school district or seek more information and assistance from Early Support for Infants and Toddlers (ESIT), managed by Washington’s Department of Children, Youth, and Families (DCYF).

To determine whether early intervention is needed, an evaluator checks:

  • Physical skills (reaching, crawling, walking, drawing, building)
  • Cognitive skills (thinking, learning, solving problems)
  • Communication skills (talking, listening, understanding others)
  • Self-help or adaptive skills (eating, dressing)
  • Social or emotional skills (playing, interacting with others)
  • Sensory processing skills (handling textures, tastes, sounds, smells)

The evaluator uses natural situations to look at these skills while a child stacks blocks, draws, counts, cuts with scissors, jumps, or performs any other wide variety of activities. Testing time varies, and parents can ask how much time was spent, which settings were reviewed, and who conducted the review.

Parents can decide whether they agree with the results and whether they believe the evaluation was appropriate. “Appropriate evaluation” is protected by special education law, the IDEA, as a primary principle. Parents who disagree with the results of an evaluation—or a school’s decision to not evaluate—have the right to dispute decisions through a variety of informal and formal processes, described in Procedural Safeguards.

If an evaluation determines that a child requires early intervention, then those services are provided through an IFSP. Early intervention services might include speech and language therapy; physical therapy; psychological services; home visits; medical, nursing, or nutrition services; hearing or vision services.

In most cases, services are provided in the home or in a child-care setting. The goal is for services to take place in the child’s “natural environment.” Occasionally a child may visit a provider’s office for specialized services.

What does an older child’s evaluation look like?

Educational evaluations for children 3-21 are conducted in consultation with a team that includes parents, teachers, special education professionals and school district administrators and evaluation specialists who can interpret and explain the results.

The assessments can look like academic tests, questionnaires or informal observations. There are no right or wrong answers, and the evaluators are looking for clues that might show an area of need for different or specialized instruction. A comprehensive evaluation can measure a child’s ability to:

  • Think, reason and problem-solve
  • Understand spoken language
  • Explain ideas and speak clearly
  • Understand facial expressions and body language
  • Use facial expressions and body language to express emotion
  • Remember what they hear and understand different sounds
  • See differences in pictures and designs, remember what they see, and understand those visual images
  • Use body parts with physical skill
  • Get along with other people
  • Read, write, spell and do math
  • Hear and see

Parents can provide a health history and notes and diagnoses from medical providers that contribute outside information to be considered as part of the assessment.

The Down Syndrome Guild of Greater Kansas City provides a comprehensive list of commonly used assessments for a variety of disability conditions.

Children ages 3-5 with identified disabilities can receive free special education and related services at preschools run by the local public-school district or through federal Head Start or the state-run Early Childhood Education and Assistance Program (ECEAP). Often these preschools are specifically designed for children with disabilities, so inclusion with general education students may be limited.

Once a student enters the local public school for kindergarten, specialized instruction may be provided in general education by special educators who “push in” with support in the classroom. The IDEA requires education in the Least Restrictive Environment (LRE) to the greatest extent possible with typically developing peers. Special education is a service, not a place.

Some children do not thrive in typical classrooms. The IEP team, including the parent, may determine that a smaller classroom or “pull out” instruction is needed for the student to make meaningful progress. These decisions are documented in the IEP.

“Related services” might include speech-language therapy, occupational therapy, mental health counseling or special transportation to school or extracurricular activities. Training about positive behavior interventions for parents, school staff and children could be provided as a related service.

What happens if a doctor or teacher refers a child for evaluation?

Any adult knowledgeable about a child’s condition can refer that child for evaluation. If a person outside the family makes the referral, parents get a formal written notification about the referral. Parents must sign consent for an evaluation process to begin.

Parents/guardians do not have to give permission. Parents who refuse to give permission have the right to request an evaluation later.

If school staff refer a student for an evaluation and parents do not want their child evaluated, the school district may ask parents to participate in mediation to further discuss the decision. If parents still refuse to sign consent, a school district can begin a legal procedure called Due Process to have the case considered by an administrative law judge. Through this process, a district may be allowed to screen a child for special education without parent consent.

If a student doesn’t qualify for IEP services, a Section 504 Plan might help

A student who is evaluated and determined ineligible for special education might qualify for a Section 504 Plan. Section 504 defines disability much more broadly than the IDEA, and a student can qualify for support if an identified disability significantly impacts a major life activity, such as learning or socializing with peers.

Educational evaluations identify barriers to education, so schools can figure out how to help children make meaningful progress. Sometimes special education is provided to help with access to academic learning, and sometimes it is needed for a child to build functional skills or to develop more skill in the area of Social Emotional Learning. When requesting a full and complete evaluation, parents can ask questions and provide feedback to make sure the school evaluates in all areas of suspected disability and that the tools for evaluation are comprehensive and varied. 

Sometimes a child comes to the attention of the school because of unexpected behaviors that might lead to disciplinary actions. PAVE’s article, What Parents Need to Know when Behavior Impacts Discipline at School, has additional information for families who might be requesting an educational evaluation because of behavior incidents.

Parents as Team Partners: Options When You Don’t Agree with the School

A Brief Overview

  • Not every meeting with the school ends in agreement. This article provides information about what parents can do when they disagree with decisions made by the school.
  • When parents disagree with a school’s recommendation, they may need more information and time to organize ideas and priorities to prepare for a meeting. Read on for ideas about how to find common ground and resolve conflicts.
  • Read PAVE’s companion article, Get Ready for Your Meeting with a Handout for the Team.
  • Support for Washington State parents is available from PAVE and the Three O’s: OSPI, OEO, OCR. Read on to know what the O’s can do for you and for links to information from these important agencies.
  • Read on to learn more about these dispute resolution options: Facilitated IEP, Mediation, Resolution Meeting, Due Process and Citizen Complaint.

Full Article

Parents partner with schools when they work together on a team to design and support an Individualized Education Program (IEP). The federal law that governs special education describes parent participation as a primary principle. However, not every meeting feels collaborative to every family. This article provides information about what parents can do when they disagree with decisions made by the school.

NOTE: PAVE has an article about the Individuals with Disabilities Education Act (IDEA) that describes key features in more detail.

Federal law has protected children in special education since 1975. Since the beginning families have been included as important school partners, with formal and informal options for disputing school decisions. When teamwork gets challenging, parents have options that are described in the “Procedural Safeguards,” an IDEA requirement.

Do your homework to be truly prepared for a meeting

What are the options when a parent disagrees with a teacher, evaluator, specialist, school district representative, or principal? Parents can start by understanding that their right to participate is protected by federal law, as described above.

Still, deciding when to challenge a school’s recommendation can feel overwhelming. Clearly, parents want the very best for their children. It can help to remember that schools want the best for children also. Seeking common ground at an IEP team meeting is the place to begin. Asking questions instead of aiming accusations can radically impact the direction of a conversation. Here are a few open-ended question starters:

  • Help me understand…
  • I’m wondering if you could explain to me…
  • Here’s the problem from my point of view. What would you suggest…
  • Is there another way to look at this problem?

The IEP team meets at least once a year to review progress and set goals for the next year, but parents or school staff have the right to request an IEP meeting any time they have concerns that the program isn’t working.

Being fully prepared for a meeting can help parents move the team toward outcomes they seek. See PAVE’s companion article about how to prepare a handout for a meeting.

Define the problem and set a goal

To problem-solve as a team member, it helps to first define the problem and consider what outcomes are most important. Parents can get overwhelmed by emotion. Contemplating that energy and time are limited can help parents set priorities and spend their resources on what matters most—usually a child’s health and success!

Preparing for a meeting with the school might require some research:

  • Is there a federal or state requirement that you need to understand? PAVE’s website might have an answer, so look around in our Learning and School section.
  • Is there a policy you need to read? Ask for copies of any relevant school or district policies or reports.
  • Do you have the most recent copies of your child’s educational evaluation and/or the IEP document? Get copies and understand what’s in those documents. For example, if the child has an unmet need, it’s possible that a new evaluation is needed in order to set a new goal and establish skill-building with specialized instruction.
  • Do you need better understanding of your child’s needs? Talk to providers and other experts and have them provide letters for the school. You can help the school team better understand your child’s needs in light of the circumstances of a unique disability.
  • Learn to be an advocate AND help your child learn to self-advocate! Asking your child for input can help direct you and school staff toward what matters most.

Find resources and allies

PAVE’s team of Parent Resource Coordinators (PRCs) are available to help you prepare for a meeting with the school. Click Get Help on our website.

In addition to PAVE, support for parents is available from the Three O’s:

  • OSPI–The Office of Superintendent of Public Instruction provides guidance about state policies
  • OEO–The Office of the Educational Ombuds provides online resources and 1:1 support when issues are not resolved through collaboration
  • OCR–The Office for Civil Rights can help with questions about equity and access

Preparing for a meeting with the school can include asking someone to attend with you. Having a trusted friend, provider, family member or another ally can help you track the conversation and keep your emotions in check. Ask that person to take notes for you.

At an IEP meeting the team can agree to adjust supports and goals, request additional evaluations, and work together with the student to improve outcomes and access. Going into that meeting with a clear plan and agenda can help parents direct the conversation.

Seek common ground

Even with good teamwork and great intentions, there will be times of disagreement. In moments where collaboration feels impossible, it can help to return the conversation to common ground. For example, a parent can remind the team that the student is skilled at something and look for ways to build on that skill to improve another area of need.

Parents can ask questions that are respectful and genuine. For example, “Given the expertise at the table, can someone help me understand a best-practice strategy to address this problem?”

Another idea is to return to the key issue—the child’s success or struggle. If a conversation gets off track and argumentative, a parent can redirect the conversation by asking, “Can we circle back to the most important issue, which is figuring out how best to help NAME successfully [do something specific]?”

Read your Procedural Safeguards manual and learn about your options

At official meetings with the school, parents are offered a copy of their Procedural Safeguards.  This manual describes the rights of special education students and the process of delivery. The Office of Superintendent of Public Instruction provides a downloadable copy.

A national resource for information about parent rights is the Center for Appropriate Dispute Resolution in Special Education (CADRE). CADRE provides a resource that describes resolution options in a side-by-side comparison chart.

Here is a brief description of the different types of resolution meetings. Each title is a link to a resource with more information:  

IEP Facilitation

An impartial person assists the IEP team with communication and problem-solving by leading the work-group, which is focused on improving the Individualized Education Program and writing changes into the IEP document. The facilitator asks the team to clarify where they agree and where they disagree. IEP facilitation is provided at no cost to the parent, and the IEP team still makes all official decisions. The facilitator doesn’t have any influence and cannot make recommendations. The third-party facilitator is there to help the group clarify issues to see if they can agree on a program. The goal is to build common agreements and understanding.

Mediation

This voluntary process brings parents and school staff together with a third-party trained in mediation, which is an intervention to help individuals find common ground and problem-solve. A mediator may have knowledge of special-education laws and services. The meeting is confidential: What happens in the room stays in the room and cannot be used later as evidence in a legal proceeding. However, the group may choose to sign a legally enforceable agreement that could be admissible in court. Sometimes families and districts agree to try mediation after a Due Process complaint is filed to attempt to resolve a conflict informally. Mediation is available at no cost to the parent, individual, or school unless a party chooses to pay for legal counsel.  Mediation is not guaranteed to resolve disagreements.

Resolution Meeting

A Resolution Meeting can be held during another dispute process and may solve the problem informally so that the other process is suspended. A resolution meeting is required within 15 days after a parent files a Due Process Complaint, which is a way to request a formal, legal hearing. If the school district does not hold the Resolution Meeting on time, a parent may ask the hearing officer or administrative law judge to start the hearing timeline. If held, the Resolution Meeting provides a chance for parents and schools to agree before decision-making authority transfers to an administrative law judge. Attorneys may attend, but schools cannot bring an attorney unless the family also brings a lawyer. If the family and school reach agreement, they can sign a legally enforceable document. The parties have up to 30 calendar days to work on a resolution before a hearing.

Due Process Complaint (Request for Hearing)

A Due Process Complaint initiates a legal process and is a way for a parent, student or public agency, such as a school district, to request a formal hearing before an administrative law judge. Due Process is the most adversarial of all the dispute engagement options and can impact a family’s ongoing relationship with the school.

This formal, legal process can address disagreements in many areas of special education. Here are some examples: identification, evaluation, educational placement or service provision. Schools are required to initiate Due Process if a parent formally requests an Independent Educational Evaluation (IEE) because of a dispute related to the school’s own evaluation or a refusal to evaluate, and the school refuses to pay for the IEE.

In most cases, a Due Process dispute in special education determines whether the school district is providing a Free Appropriate Public Education (FAPE) to a child who needs or is suspected of needing special education and related services.

The two sides are referred to as “the parties.” To request a Due Process hearing, one party submits very specific information, in writing, to OSPI and to the opposing party.

The due process hearing request includes:

  • The full name of the student
  • The address of the student’s residence
  • The name of the student’s school
  • If the student is a homeless child or youth, the student’s contact information
  • A description of the nature of the problem, including facts relating to the problem
  • A proposed resolution of the problem, to the extent known and available

Required forms and process are outlined in the Procedural Safeguards, and the school offers a copy to families at the beginning of this process. Until a Due Process decision is final, the child remains in the current educational placement. This provision is called “pendency” or “stay put.”

A written decision with findings of fact and orders is made by an administrative law judge and can be appealed to a higher court. The Individuals with Disabilities Education act (IDEA), requires that Due Process complaints be filed within two years of the date when a party knew or should have known of the problem. The written decision is issued within 45 calendar days from the end of the resolution period, unless a party requests a specific extension. The decision is legally binding. However, if a decision is appealed the resolution may be put on hold until the appeal is final.

Public funds pay for the hearing, the hearing officer/administrative law judge, and use of any facilities. Each party pays any fees due to attorneys or witnesses.

Expedited Hearing Request & Resolution Meeting

An Expedited Hearing follows the rules of Due Process but is used when parents disagree with:

  1. a school district’s discipline-related decision that affects a child’s placement
  2. a decision from a Manifestation Determination review, which is a meeting to decide whether a child’s behavior is related to his or her disability

Faster timelines require a Resolution Meeting within seven calendar days, unless the parties agree in writing to skip the meeting or use Mediation instead. The hearing schedule proceeds if the issue is not resolved within 15 calendar days. The hearing must be held within 20 school days of the date the request was filed. The decision is due 10 school days after the hearing.

Citizen Complaint

Any individual or organization can file a complaint with the Office of Superintendent of Public Instruction (OSPI) to allege that a Washington school district or another public agency violated federal or state law related to special education. Regulations governing the development and content of an IEP are contained in the Individuals with Disabilities Education Act (IDEA, Public Law 108-446), and in the Washington Administrative Code (WAC 392-172A).

Citizen complaints are investigated by OSPI. Citizen complaints must be filed within one year of the alleged violation. OSPI issues a written decision within 60 calendar days of receipt with findings, conclusions, and reasons for the final decision. The response includes actions required to address the needs of the child or children related to the complaint.

The response may include timelines that specify calendar days or school days. Please note that “school days” will exclude weekends, holidays or any other days when school is not in session. Timelines for “calendar days” include all days, including weekends.

Good luck in your journey toward resolution!

Each of these options is available any time a parent or student disagrees with an action taken by the school. Getting well-informed and organized is key in any process. Start by clarifying how to direct energy and what the desired outcome will look like.

To get help and ask questions, parents can contact PAVE or one of the “Three O’s” listed above: OSPI, OEO, OCR.

 

IDEA: The Foundation of Special Education

The Individuals with Disabilities Education Act (IDEA) is a federal law that was passed in 1990 and has been amended. The IDEA provides children with qualifying disabilities, from birth to age 21, with the right to a free public education that is specifically designed to meet their individual needs.

Some important concepts carried over from the Education for All Handicapped Children Act, passed in 1975. That was the first United States law that required schools to provide Special Education to all children with disabilities. This article provides a quick summary of the IDEA, which is unique as a law that provides an individual entitlement.

Entitlement means that a child with unique needs gets those needs served on an individual basis, not based on a system or program that’s already built and available. The strengths and challenges of a specific student are assessed, and a team including family members and professionals works together to design a program.

The local school district is responsible for providing the program—specialized instruction, services, accommodations and anything else that the team has identified as necessary to provide the student with a high-quality education. Progress measurements are guaranteed under the IDEA to ensure that the student finds meaningful success, in light of the circumstances of disability. If a neighborhood school cannot provide the services and programming that are deemed necessary, then the school district is responsible for creating a program and placement that does meet the student’s needs.

The federal law drives how states design their own special education policies and procedures. Title 34, Part 104 is the non-discrimination federal statute under the Office of Civil Rights Department of Education. In Washington State, rules for the provision of special education are in Chapter 392-172A of the Washington Administrative Code (WAC).

The IDEA is written in three parts: A, B and C. Part A describes the general goals and purpose of the law. The right of a child with disabilities to receive an education that prepares that child for adult life is stated: ​”Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society…

“Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

Part B of the IDEA covers children ages 3 through 21—or until graduation from high school. Students who receive services through an Individualized Education Program (IEP) are covered under Part B, and the principles listed below describe IDEA’s Part B protections.

Part C protects children Birth to age 3 who need family support for early learning. ​The disability category of developmental delay overlaps early learning and IEP and can qualify a child for free, family-focused services to age 3 and school-based services through age 8.

To qualify for an IEP under the IDEA, a student meets criteria in one of 14 disability categories
Autism Deaf -blindness Deafness
Emotional Disturbance Hearing Impairment Intellectual Disability
Multiple Disabilities Orthopedic Impairment Other Health Impairment
Specific Learning Disability Speech / Language Impairment Traumatic Brain Injury
Visual Impairment/Blindness Developmental Delay (ages 0-8) Traumatic Brain Injury

The disability must be found to have an adverse impact on learning. When a student qualifies for services, specialized instruction is recommended to help the student overcome the impact of the disability in order to access meaningful learning. PAVE provides comprehensive articles about evaluation and the IEP process.

IDEA’s Primary Principles:

  1. Free Appropriate Public Education (FAPE): Students with disabilities who need a special kind of teaching or other help have the right to an education that is not only free but also “appropriate,” designed just for them. Under IDEA rules, schools provide special education students with “access to FAPE,” so that’s a common way to talk about whether the student’s program is working.
  2. Appropriate Evaluation: The IDEA requires schools to take a closer look at children with potential disabilities. There are rules about how quickly those evaluations get done. The results provide information that the school and parents use to make decisions about how the child’s education can be improved.
  3. Individualized Education Program (IEP): The IEP is a dynamic program, not a packet of paper. The document that describes a student’s special education program is carefully written and needs to be reviewed at least once a year by a team that includes school staff and parents/guardians. Every student on an IEP gets some extra help from teachers, but the rest of the program depends on what a student needs to learn. Learning in school isn’t just academic subjects. Schools also help students learn social and emotional skills and general life skills. By age 16, an IEP includes a plan for life beyond high school, and helping the student make a successful transition into being an adult can be a primary goal of the IEP.
  4. Least Restrictive Environment (LRE): The IDEA says that students should be in class with non-disabled classmates “to the maximum extent appropriate.” That means that regular classrooms and school spaces are first choice as the “least restrictive” places. If the school has provided extra help in the classroom but the special education student still struggles to be successful, then the IEP team considers other options, such as a structured learning classroom. The school explains placement and LRE in writing on the IEP document.
  5. Parent and Student Participation: The IDEA makes it clear that parents or legal guardians are equal partners with school staff in making decisions about their student’s education. When the student turns 18, educational decision-making is given to the student. The school does its best to bring parents and students into the meetings, and there are specific rules about how the school provides written records and meeting notices.
  6. Procedural Safeguards: The school provides parents with a written copy of their rights at referral and yearly thereafter. Parents may receive procedural safeguards any time they request them. They also may receive a copy if they file a citizen’s request or a due process complaint. Procedural safeguards are offered when a school removes a student for more than 10 days in a school year as part of a disciplinary action. When parents and schools disagree, these rights describe the actions that a parent can take informally or formally.

    PAVE provides information, resources and, in some circumstances 1:1 support through our Parent Training and Information (PTI) center. To get help, reach out through our Help Request Form or by calling 800-572-7368.