What are my rights as a parent? Ten Facts About Parent Involvement in the IEP Process
Navigating the special education system can be a complex journey for many parents, but understanding your rights and responsibilities is key to ensuring the best educational experience for your child. The Massachusetts Department of Elementary and Secondary Education provides clear guidelines to safeguard parental involvement, particularly in the development and modification of an Individualized Education Program (IEP). Let's break down these guidelines to help you effectively advocate for your child.
1. Parental Consent is Crucial
Before any initial evaluation, placement, or extended evaluation services are conducted for your child under special education, your written consent is required. This ensures that you are fully informed and agree with the decisions made regarding your child’s education path. Remember, you can revoke this consent at any time, which gives you ultimate control over whether your child continues in a particular special education setting.
2. Your Right to Observe and Participate
As a parent, you have the right to observe any programs proposed for your child once they are identified as eligible for special education services. This transparency allows you to see firsthand how the program operates and reassures you that it meets your child's needs.
3. Discontinuing Services
If you decide that special education services are no longer suitable for your child, you can discontinue them by simply notifying the school district in writing. The district will acknowledge your decision and will cease the services after giving a 10-day notice. This provision underscores the importance of parental input and the district’s respect for your decisions.
4. Parent Involvement When Consent is Withheld
If you choose not to consent to a reevaluation or a change in placement after the initial evaluation, the school must discuss with you whether this decision might deny your child a free appropriate public education. They must make efforts to resolve any disputes through designated procedures, ensuring that your child’s educational rights are not compromised.
5. Efforts to Secure Parental Participation
The school district is required to make multiple efforts to contact you and secure your consent. These efforts can include written notices, emails, phone calls, or even home visits, emphasizing the importance of your involvement in your child’s education.
6. Waiving Assessments
You have the option to waive certain assessments if they are deemed unnecessary or if an equivalent assessment has recently been completed. This provision helps avoid redundancy and ensures that your child is not subjected to excessive testing.
7. Regular Reports and Parent Advisory Participation
You will receive written progress reports for your child as often as other students receive their report cards. Furthermore, you can be part of the districtwide parent advisory council, which plays a crucial role in advising the district on matters concerning the education and safety of students with disabilities.
8. Student’s Autonomy at the Age of Majority
When your child reaches the age of 18, they gain the right to make decisions regarding their special education services. However, as a parent, you will continue to be informed and can retain decision-making authority if legal guardianship has been established.
9. Transportation and Surrogate Parental Rights
If you provide transportation for your child, you are entitled to reimbursement at the state employee rate. Additionally, for students without parental representation, an educational surrogate parent may be appointed to make educational decisions.
10. Effective Communication
All communications from the district will be clear, straightforward, and provided in both English and your home language if it is not English. This ensures that you fully understand all information and can effectively participate in your child's education.
By understanding these rights and actively participating in your child’s special education process, you empower both yourself and your child, ensuring that they receive an education that is tailored to their unique needs and circumstances. If you are a parent of a child with an IEP in Massachusetts, you can download a free parent guide offered by the Massachusetts Department of Education.
Massachusetts Department of Elementary and Secondary Education. (n.d.). 603 CMR 28.00: Special education. Retrieved from https://www.doe.mass.edu/lawsregs/603cmr28.html?section=07