Para eLink: Where Minnesota's Paraprofessionals Learn Online

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1.2 (1K2C): Awareness of the human and legal rights and responsibilities of parents and children/youth as they relate to students.

Rights and Responsibilities of Parents

When a child is referred for special education services or is already receiving services, there are clearly defined and strictly mandated procedures that must be followed. These policies protect the rights of the student with a disability as well as the rights of the parent or guardian. As a paraprofessional working directly with students and families, it is important to have a fundamental understanding of these rights and responsibilities.

There are times when parents may not agree with the school's recommendations about their child's education. Under the law, parents have the right to challenge decisions about their child's eligibility, evaluation, placement, and the services that the school provides to the child. If parents disagree with the school's actions-or refusal to take action-in these matters, they have the right to pursue a number of options. They may do the following:

Try to reach an agreement. Parents can talk with school officials about their concerns and try to reach an agreement. Sometimes the agreement can be temporary. For example, the parents and school can agree to try a plan of instruction or a placement for a certain period of time and see how the student does.
Ask for mediation. During mediation, the parents and school sit down with someone who is not involved in the disagreement and try to reach an agreement. The school may offer mediation, if it is available as an option for resolving disputes prior to due process.
Ask for due process. During a due process hearing, the parents and school personnel appear before an impartial hearing officer and present their sides of the story. The hearing officer decides how to solve the problem. (Note: Mediation must be available at least at the time a due process hearing is requested.)
File a complaint with the state education agency (In Minnesota, this agency is the Minnesota Department of Children, Families,& Learning). To file a complaint, generally parents write directly to the SEA and say what part of IDEA they believe the school has violated. The agency must resolve the complaint within 60 calendar days. An extension of that time limit is permitted only if exceptional circumstances exist with respect to the complaint.

Retrieved on May 13, 2002 from:
http://www.ed.gov/offices/OSERS/OSEP/Products/IEP_Guide/#What%20If%20Parents%20Don't%20Agree%20With%20the%20IEP?