Exceptional Education Rights for Parents and Children
March 26, 2010
Exceptional Education Right for Parents and Children
Below is a quick overview of your rights. You will receive a complete copy at the beginning of the referral process. Additional copies will be sent to you throughout the IEP process.
1. List of Terms
Exceptional Education uses these terms and abbreviations:
- Children with a Disability is a child who is eligible for exceptional education
- DPI is the Department of Public Instruction
- Due Process Hearing is a hearing to decide exceptional education disputes between a school and a parent
- FAPE is a free, appropriate public education
- IEP is an individualized education program. It is a written plan for a child with a disability. The IEP includes the child’s services and the child’s special education goals
- School or Public School means the school district responsible for making sure your child has FAPE
- ADD is Attention Deficit Disorder
- ADHD is Attention Deficit-Hyperactivity Disorder
- APD is Auditory Processing Disorder
- ASD is Autism Spectrum Disorder
- CC is Cross Categorical
- CD is Cognitive Disorder
- DD is Developmentally Disabled
- EBD is Emotional Behavioral Disability
- HI is Hearing Impaired
- IDEA is Individuals with Disabilities Education Act
- IEP is Individualized Education Program
- LD is Learning Disabled
- OCD is Obsessive Compulsive Disorder
- SLD is Specific Learning Disability and, SLD is Specific Language Disorder
- TBI is Traumatic Brain Injury
- ODD is Oppositional Defiant Disorder
- OI is Orthopedically Impaired
- S/L is Speech & Language Impairment
- VI is Visually Impaired
2. Prior Written Notice
The school must tell you about decisions about your child’s exceptional education. They must tell you in writing a responsible time before they carry out the decision.
3. Parental Consent
The school needs your written agreement before it can:
- Evaluate your child
- Give your child exceptional education
- Test your child as part of a reevaluation
Once you have given your consent, you may rescind permission at any time. If you do not consent, the school may still believe your child needs exceptional education. The school may ask DPI for mediation or a due process hearing to have your child evaluated without your consent.
4. Independent Educational Evaluation
An independent educational evaluation (IEE) is an evaluation by a qualified person who does not work for the school. The school must give you information about where you can get an IEE when you ask about an IEE. You always have the right to an IEE at your own expense. You may have an IEE paid for by the school if you disagree with the IEP team’s evaluation.
5. Access to Pupil Records
Pupil records are all records about a child kept by the school. Pupil records are private. The school must let any parent see their child’s records unless a court has decided that a parent cannot see the record.
6. Mediation
Sometimes you may disagree with your school about your child’s exceptional education. You or the school can ask the DPI for mediation.
7. Due Process Hearings
You or the school may request a due process hearing when you disagree about your child’s exceptional education. This disagreement may be about the school taking action or refusing to take action.
8. State IDEA Complaints
Any person or organization may file a complaint with DPI if you feel an exceptional education law has been broken. A complaint must be in writing and signed.
9. Placement by Parents in Private Schools at Public Expense
You may place your child in a private school without your public school’s permission. The public school does not have to pay for education at the private school if the public school district made FAPE available to your child.
10. Interim Alternative Educational Settings
Staff may change the placement of a child with a disability. The change follows the same procedures as they would for children without disabilities. The change may not be for more than ten school days. The change may be for the same amount of time the school district may discipline a child without a disability.
