If I Cry at the Meeting, Will I Get Services for my Child?

Attending a meeting with the Committee on Special Education can be scary for any parent of a child with a suspected disability. At the table, there are staff from the school district, armed with information about your child. They go around the table and talk about your child and you have no idea what they are saying as it seems that it is being spoken in a different language. And, all you want is for your child to have the best education possible. So, you cry and hope that the committee on special education will take pity on you and give you everything that you want for your child. Instead, they pass you a box of tissues.

Federal and State Educational law stipulate that a parent is one of the most important members at the table when deciding eligibility for special education. In fact, school districts have been sued by parents because parents were neither included nor properly informed of their rights at the table.

The Individuals with Disabilities Education Act, or IDEA includes a set of procedural safeguards that protect the rights of the student and their families when they are seeking special education services from their school district. The following is a list of procedural safeguards guaranteed to all students and their families.

Families have access to educational records and can review educational records;
Parent involvement and particiaption in all meetings regarding placement and educational decisions;
Families are entitled to Prior Written Notices if there are any changes in their child’s IEP;
Parents have to receive Procedural safeguards at the beginning of the process;
All meetings must have a translator for those families whose primary language is something other than English;
Any evaluations to be conducted or services to be provided must have consent from the parent. This is known as Informed Consent;
Students have the right to “Stay Put” which means that if a parent disagress about the placement of their child, the student remains where they are pending resolution between the district and the parent;
Every student receiving special education has the right to Due Process where parents and the district appear before a hearing officer to resolve a dispute;
Parents have rights to a Civil Action where a civil lawsuit can be filed; and,
Parents have the right to a Mediation as an alternative to Due Process.
These safeguards are an important component of the special education process. They provide guidance, not only to the school district, but also to families who are seeking special education services. Make sure that you receive prior written notices, that all of the information is written in a language that you can understand, and most importantly, attend every meeting as your participation does matter when comes time to consider classifying your child’s disability.