Your Rights as A Parent
If your child is referred to or receiving special education services, both you and your child have certain rights protected by state and federal law
Confidentiality of Information
Information about your child's disability, special education, related services, or any other identifiable details is confidential and only shared within the system or with outside agencies when there is a legitimate need or under specific circumstances.
Records
Education records refer to documents described under FERPA (Family Educational Rights and Privacy Act) that are directly related to a student and maintained by an educational agency or institution.
Independent Educational Evaluation
An independent evaluation is done by an examiner not employed by the school district, at no cost to you. The school pays for this evaluation. You are entitled to one independent evaluation each time you disagree with your child's school evaluation.
Notice
A notice is written information for parents about proposed evaluations, meetings, program or eligibility changes, or other matters related to the identification, evaluation, and services under IDEA for a child with a disability. This notice allows you to receive information and respond before any changes are made.
Consent
Consent is granted when an individual has been comprehensively informed, in their native language or preferred mode of communication, of all pertinent details concerning the action for which consent is being provided.
Dispute Resolution
IDEA regulations outline different processes for state complaints and due process hearings. State board rule 160-4-7.12 covers all dispute resolution procedures, including both types of complaint procedures here below
State Complaint Process
Anyone can file a formal state complaint about an IDEA violation by a school system, SEA (State Education Agency), or public agency. The SEA must resolve the complaint within 60 calendar days unless the timeline is officially extended.
State Complaint
The complaint must be a signed and written document detailing an alleged violation of the IDEA. It should include a statement specifying that the local system has breached the requirements of IDEA, along with supporting facts for this claim. Additionally, the complaint must pertain to a violation that occurred within one year prior to its receipt.