Parental Rights under IDEA

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Alert! Alert! 
Because NICHCY’s website will only remain online until September 30, 2014, most of its rich content has moved to a new home, the Center for Parent Information and Resources (CPIR), where it can be kept up to date.

The new address of the Parent Rights under IDEA suite at the CPIR is:
http://www.parentcenterhub.org/repository/parental-rights/

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Asian mom holds her son on her lap, with her arms around him.

 

December 2010

En español | In Spanish

The federal regulations for IDEA 2004 include a section (Subpart E) called Procedural Safeguards. These safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes.

The most notable procedural safeguards include those listed below. To learn more about any of these, click on the text in red, and you’ll go to a separate page describing that procedural safeguard.

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The right of parents to receive a complete explanation of all the procedural safeguards available under IDEA and the procedures in the state for presenting complaints

Confidentiality and the right of parents to inspect and review the educational records of their child

The right of parents to participate in meetings related to the identification, evaluation, and placement of their child, and the provision of FAPE (a free appropriate public education) to their child

The right of parents to obtain an independent educational evaluation (IEE) of their child

The right of parents to receive “prior written notice” on matters relating to the identification, evaluation, or placement of their child, and the provision of FAPE to their child

The right of parents to give or deny their consent before the school may take certain action with respect to their child

The right of parents to disagree with decisions made by the school system on those issues

The right of parents and schools to use IDEA’s mechanisms for resolving disputes, including the right to appeal determinations

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These are not the only procedural safeguards under IDEA, but they are the most relevant to the majority of parents. Therefore, in this series of pages on IDEA’s procedural safeguards, we will explore only eight …the ones mentioned above. Use the links above (the text in red) to read more about each one of these safeguards.

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NOTICE: NICHCY is going away, but its resources are not. Find hundreds of legacy NICHCY publications, as well as our training curriculum on IDEA 2004, in the Center for Parent Information and Resources' Library at http://www.parentcenterhub.org/resources. This website will remain available until September 30, 2014. After that date, web visitors will be automatically redirected to http://www.parentcenterhub.org.