Procedural Due Process under the Individuals with Disabilities Education Act (IDEA): Rights of the Parents

Under the Individuals with Disabilities Education Act (IDEA), parents have specific rights designed to ensure they can actively participate in their child's education, especially if the child has a disability. These rights help safeguard the child's access to a Free Appropriate Public Education (FAPE). Here are the key rights of parents under IDEA:

Right to Participate in Decision-Making:

Parents have the right to be involved in all meetings related to the identification, evaluation, and educational placement of their child. They are considered equal members of the Individualized Education Program (IEP) team and are encouraged to contribute to the development and review of their child's IEP.

Right to Receive Prior Written Notice:

Schools must provide parents with written notice whenever they propose or refuse to initiate or change the identification, evaluation, educational placement, or the provision of FAPE to the child. This notice must include a description of the action proposed or refused, an explanation of why the school proposes or refuses to take the action, and the basis for the decision.

Right to Give or Deny Consent:

Informed parental consent is required before a school can conduct an initial evaluation, reevaluation, or provide special education and related services. Parents have the right to withhold or revoke their consent at any time.

Right to Access Educational Records:

Parents have the right to inspect and review all educational records relating to their child's identification, evaluation, educational placement, and the provision of FAPE. This includes the right to request copies of the records and to request that the school explain the records.

Right to Independent Educational Evaluation (IEE):

If parents disagree with the school's evaluation, they have the right to request an Independent Educational Evaluation at public expense. An IEE provides an objective second opinion regarding the child's needs and services.

Right to Procedural Safeguards Notice:

Schools are required to provide parents with a notice explaining their rights under IDEA. This notice must be given once a year, and also upon initial referral or request for evaluation, the filing of a due process complaint, or upon request by the parent.

Right to Dispute Resolution:

Parents have the right to resolve disputes with the school through various means, including mediation, state complaints, and due process hearings. Mediation is a voluntary process facilitated by an impartial mediator, while a due process hearing is a formal legal proceeding.

Right to a Resolution Session:

Before proceeding to a due process hearing, parents and the school must convene a resolution session to discuss the complaint and attempt to reach an agreement.

Right to Attorney’s Fees:

If parents prevail in a due process hearing or court action, they may be awarded attorney’s fees as part of the judgment.

Right to Be Notified of the Transfer of Rights:

When a student with a disability reaches the age of majority, all rights under IDEA transfer from the parents to the student, unless the student is determined to be incompetent. Parents have the right to be notified of this transfer of rights.

These rights ensure that parents are well-informed and actively engaged in their child's education, allowing them to advocate effectively for their child's needs and to collaborate with educators in developing appropriate educational programs.