ADDHelpline is your ADD Information Source
If you are interested in learning more about how you can receive EEG Neurotherapy right in your home, using your own computer, enter your email address below.
Regular Features
THE
PARENT COACH
Dr.
Steven Richfield provides articles on many different aspects of raising a child
with ADHD.
ASK
THE ADVOCATE
Each
month we our advocate will be answering questions from our visitors about yours
and your children's rights in the educational system.
PARENTS
TALK
A mother is trying to help her teenage son learn anger management.
MOTIVATION
TIPS
Five great ideas for motivation, including The Shoe Race, Trading Places
and more.
ORGANIZATION
TIPS
Organize your child at home, and maybe find some tips that will help you
as well.
ADHD
IN THE NEWS
Headlines about ADHD, Learning Disability and Mental Disorders
Study on ADD and TV
The recent study published on watching television between the ages of one and
three and the possible link to ADD/ADHD did not take many considerations into
account. The author of the study even admits that he cannot conclude that
television watching and ADD/ADHD are linked.
Read the
Article
Back To Education Articles Index
Rights
and Responsibilities of
Parents of Children with Disabilities
ERIC EC Digest #E567
Author: Bernadette Knoblauch
May 1998
What Are Your Rights, as a Parent, in the Special Education Process?
Public Law 105-17, the Individuals with Disabilities Education Act (IDEA) Amendments of 1997, clearly strengthens the rights of children with disabilities and their parents. It builds on the achievements gained under Public Law 94-142, the Education for the Handicapped Act, and Public Law 101-476, the Individuals with Disabilities Education Act (IDEA). A fundamental provision of these special education laws is the right of parents to participate in the educational decision-making process. This includes the right to:
A
free appropriate public education for your child. Free means at no cost to you
as parents. Appropriate means meeting the unique educational needs of your
child.
Request
an evaluation if you think your child needs special education or related
services.
Be
notified whenever the school wants to evaluate your child or change your child's
educational placement, or refuses your request for an evaluation or a change in
placement.
Informed
consent. Informed consent means you understand and agree in writing to the
evaluation and educational program decisions for your child. Your consent is
voluntary and may be withdrawn at any time.
Obtain
an independent evaluation if you disagree with the school's evaluation.
Request
a reevaluation if you think your child's present educational placement is no
longer appropriate. The school must reevaluate your child at least once every 3
years, but your child's educational program must be reviewed at least once
during each calendar year.
Have
your child tested in the language he or she knows best. For example, if your
child's primary language is Spanish, this is the language in which he or she
must be tested. Students who are deaf have the right to an interpreter during
the testing.
Review
all of your child's school records. You may request copies of these records, but
the school may charge you a reasonable fee for making the copies. Only you, as
parents, and those persons directly involved in the education of your child will
be permitted access to personal records. If you feel that some information in
your child's records is inaccurate or misleading or violates the privacy or
other rights of your child, you may request that the information be changed. If
the school refuses your request, you have the right to request a hearing in
order to challenge the questionable information in your child's records or you
may file a complaint with your state education agency.
Be
fully informed by the school of all rights that are provided to you under the
law.
Participate
in the development of your child's individualized education program (IEP) or
individualized family service plan (IFSP), if your child is under school age .
The school must make every possible effort to notify you of the IEP or IFSP
meeting and then arrange it at a time and place that is convenient for both you
and the school.
Participate
in all IEP or IFSP team decisions, including placement.
Request
an IEP or IFSP meeting at any time during the school year.
Be
kept informed about your child's progress at least as often as parents of
children who do not have disabilities.
Have
your child educated in the least restrictive environment possible. Every effort
should be made to develop an educational program that provides your child with
the services and supports needed in order to be taught with children who do not
have disabilities.
Voluntary
mediation or a due process hearing to resolve differences with the school that
can not be resolved informally. Be sure you make your request in writing, date
your request, and keep a copy.
What Are Your Responsibilities, as a Parent, in the Special Education Process?
Parents have a key role in the special education process. The following suggestions may offer some guidance:
Develop
a partnership with the school. Share relevant information about your child's
education and development. Your observations can be a valuable resource in your
child's progress.
Ask
for an explanation of any aspect of the program that you don't understand.
Educational and medical terms can be confusing, so do not hesitate to ask.
Make
sure the IEP or IFSP goals and objectives are specific. This will ensure that
everyone teaching your child is working toward the same goals. Take the IEP or
IFSP home to think about it before you sign it. You have 10 school days in which
to make a decision.
Make
sure your child is included in the regular school activities program as much as
is appropriate, including nonacademic areas such as lunch and recess and other
areas such as art, music, and physical education.
Monitor
your child's progress and periodically ask for a report. If your child is not
progressing, discuss it with the teacher and determine whether the program
should be modified. As a parent, you can initiate changes in your child's
educational program.
Try
to resolve directly with the school any problems that may occur with your
child's assessment, placement, or educational program. In some situations, you
may be unsure of how to proceed to resolve a problem. Most states have
protection and advocacy agencies that can provide you with the guidance you need
to pursue your case.
Keep
records. There may be questions about your child that you will want to discuss,
as well as meetings and phone conversations you will want to remember. It is
easy to forget important information that is not written down.
Join
a parent organization. Besides sharing knowledge, experiences, and support, a
parent group often can be an effective force on behalf of your child. Parents
often find that, as a group, they have the power to bring about needed changes
to strengthen special services.
As the Parent of a Child with a Disability, What Can You Offer the IEP or IFSP Process?
Parents
of children with disabilities should be involved in the process as much as they
want to be and as much as they can be. The following are some ways in which
parents can become involved:
Before
attending an IEP or IFSP meeting, make a list of things you want your child to
learn. Take notes about aspects of your child's behavior that could interfere
with the learning process. Describe the methods you have found to be successful
in dealing with these behaviors.
Bring
any information the school may not already have to the IEP or IFSP meeting.
Examples include copiesof medical records, past school records, or test or
evaluation results. Remember, reports do not say all there is to say about a
child. You can add real-life examples to demonstrate your child's ability in
certain areas.
Find
out what related services are being provided, and ask each professional to
describe the kind of service he or she will be providing and what improvement
you might expect to see as a result of these services.
Ask
what you can do at home to support the program. Many skills your child learns at
school can also be used at home. Ask to meet with the teacher when your child is
learning a new skill that could be practiced at home.
Discuss
methods for handling discipline problems that you know are effective with your
child.
Regard
your child's education as a cooperative effort. If at any point you and the
school cannot reach an agreement over your child's educational and developmental
needs, ask to have another meeting. This would allow time for you and the school
to gather more information. If there is still a conflict over your child's
program after a second meeting, ask for a state mediator or a due process
hearing.
When
you feel teachers and school personnel are doing a good job, tell them.
What Resources Are Available to Help You?
Your local and state education agencies have information to help guide you through the special education process. Since the specific criteria and procedures used by school districts may vary, your local director of special education and his or her staff can help you access such information. Additional resources are available from national organizations. Visit LD OnLine's Finding Help for national and state level information on resources to assist you.
ERIC
Clearinghouse on Disabilities and Gifted Education
The Council for Exceptional Children
1920 Association Drive
Reston, VA 20191
Toll Free: 1-800-328-0272
TTY: 703-264-9449
E-mail: ericec@cec.sped.org
Internet: http://www.cec.sped.org/ericec.htm
Bernadette Knoblauch is an Associate Director at the ERIC Clearinghouse on Disabilities and Gifted Education. ERIC Digests are in the public domain and may be freely reproduced and disseminated, but please acknowledge your source. This publication was prepared with funding from the U.S. Department of Education, Office of Educational Research and Improvement, under contract no. RI93002005. The opinions expressed in this report do not necessarily reflect the positions or policies of OERI or the Department of Education. Copyright ©1996-1998