# data[].attributes.body
This video breaks down the history of the laws regarding special education. It provides parents with in depth reasoning of such provisions.

# data[].attributes.body
Simple visual aid to help parents further understand the process/intent of the IEP.

# data[].attributes.body
This blog keeps parents up to date with the most current changes/adjustments made in the country. This blog is very informative and helpful to those who wish to stay on top of current news surrounding this field.

# data[].attributes.body
Here parents can access a formal breakdown of their rights. The benefit of this site is that it is clear and concise.

# data[].attributes.attachment_link.readable_text
Parents of children with disabilities from ages three through twenty-one have specific educational rights under the Individuals with Disabilities Education Act (IDEA). These rights are called procedural safeguards. Individuals serving as surrogate parents and students aged eighteen receiving special education services, are also entitled to these rights.

A number of staff in the child's district and special education local plan area (SELPA) may answer questions about the child's education and the parents' rights and responsibilities. When the parent has a concern, it is important that they contact their child's teachers or administrators to talk about their child and any problems they see. This conversation often solves the problem and helps maintain open communication.

Parents must be given opportunities to participate in any decision-making meeting regarding their child's special education program. Parents have the right to participate in individualized education program (IEP) meetings about the special education eligibility, assessment, educational placement of their child and other matters relating to their child's free appropriate public education (FAPE).

When a parent cannot be identified or located, a district may appoint a surrogate parent to represent a child with a disability.

What Are Parents' Rights in California Special Education?

Parents and students over age eighteen have the right

Parents have the right to refer their child for special education services, to participate in the development of the IEP and to be informed of all program options and alternatives, both public and nonpublic.

Parents have a right to receive prior written notice, in their native language, when the school district initiates or refuses their request to initiate a change in their child's identification, assessment, or educational placement in special education.

Parents must provide informed, written consent before their child is assessed or provided with any special education services. Parental consent must also be provided before any change in special education services may occur. The district must ensure that parents understand proceedings of the IEP team meeting including arranging for an interpreter for parents with deafness or those whose native language is other than English.

Parents may refuse to consent to an assessment or the placement of their child in special education.

Children must be assessed for special education through the use of methods that are not culturally biased or discriminatory.

If parents disagree with the results of the assessment conducted by the school district, they have the right to ask for and obtain an independent educational evaluation (IEE) at public expense.

The parent is entitled to only one IEE at public expense each time the public agency conducts an evaluation with which the parent disagrees.

When a parent requests an IEE at public expense, the school district must, without unnecessary delay, either ensure that an IEE is provided at public expense, or request a due process hearing if the district believes their assessment was appropriate and disagrees that an IEE is necessary. The school district also has the right to establish the standards or criteria (including cost and location) for IEEs at public expense.

Parents have a right to inspect, review, and obtain copies of their child's educational records.

If parents disagree with the district regarding their child's special education placement or a proposed change in placement, the law requires the student to "stay put" in the current program until the dispute is resolved.

Parents have the right to present a complaint relating to the provision of a FAPE for their child; to have an attorney, an advocate, and the student, if appropriate, present at the due process hearing; and to make the hearing public. Under certain conditions, the hearing officer may award, reduce, or deny the reimbursement of attorneys' fees and fees paid to nonpublic institutions by parents in the settlement of a case. To request a due process hearing or to receive a complete notice of procedural safeguards related to a due process hearing, contact the Office of Administrative Hearings (see contact information below).

Parents are encouraged to consider settling disagreements regarding their child's special education program through voluntary mediation, a process through which parties seek mutually agreeable solutions to disputes with the help of an impartial mediator. Parents may seek mediation alone or separate from due process, or they may participate in mediation pending a due process hearing. Mediation cannot be used to delay parents right to a due process hearing.

If parents believe their child's school district has violated the law, they may file a complaint with the California Department of Education. The Department must investigate complaints alleging violations of noncompliance with IDEA, state special education laws, or regulations, and issue a written report of findings within 60 days of receiving the complaint.

There are specific rules regarding the suspension and expulsion of students with IEPs. Generally, a student with a disability may be suspended or placed in an alternative educational setting to the same extent that these options apply to students without disabilities.

If the student with a disability is in such a placement for more than ten days, an IEP meeting must be held to consider the appropriateness of the child's current placement and the extent to which the disability is the cause of the misconduct. Regardless of the child's placement, the district must provide FAPE

School districts are responsible for identifying, locating and assessing students with disabilities enrolled in private schools by their parents. However, school districts are not required to provide special education or related services to these students. There is no entitlement for services, though some private schools and students attending private schools may receive some services from the school district.

Additional Resources

This notice is an abbreviated summary of procedural safeguards under federal and state laws (20 USC Section 1412(d); 34 CFR 300.504; EC sections 56301(d)(2), 56321, and 56341.1(g)(1)). Special Education Rights of Parents and Children, a more extensive description of these rights, is available from the California Department of Education, Special Education Division.

To obtain more information about parental rights or dispute resolution, including how to file a complaint, contact the California Department of Education, Special Education Division, Procedural Safeguards Referral Service, by telephoning 800-926-0648 or writing to:

California Department of Education
Special Education Division
Procedural Safeguards Referral Service
1430 N Street, Suite 2401
Sacramento, CA 95814
Telephone: 800-926-0648
Fax: 916-327-3704

To file for mediation or a due process hearing, contact:

Office of Administrative Hearings
Special Education Division
2349 Gateway Oaks, Suite 200
Sacramento, CA 95833-4231
Telephone: 916-263-0880
Fax: 916-263-0890
Secure Electronic Filing

Hearings and Mediations Accessibility and Accommodation Program Guidelines (Posted 17-Oct-2018)
This web page states a California Department of Education contractor conducting special education hearings and mediations must have and follow policies and procedures for equitable services to all participants.

Last Reviewed: Tuesday, July 2, 2019

# data[].attributes.attachment_link.description
Parents of children with disabilities from ages three through twenty-one have specific educational rights under the Individuals with Disabilities Education Act (IDEA). These rights are called procedural safeguards. Individuals serving as surrogate parents and students aged eighteen receiving special education services, are also entitled to these rights.

# data[].attributes.headline
Examples of appropriate online resources/accommodations necessary for your child

# data[].attributes.subject
Examples of appropriate online resources/accommodations necessary for your child

# data[].attributes.body
Parents have a critical role in their child's learning. One important piece is their involvement in the IEP process. In case of any confusion throughout the process here are some key components to know.

# data[].attributes.attachment_link.description
Video describes the 7 steps in the development of an Individualized Education Program for students with Aspergers and High-Functioning Autism ...http://www.MyAspergersChild.com

# data[].attributes.body
Here, the youtube video breaks down the law in great detail. Through these details, parents can expand on their understanding regarding their rights.

# data[].attributes.body
Provides parents with outlets for their students especially during a challenging time as now.

# data[].attributes.attachment_link.description
©Smart Kids with Learning Disabilities®, Inc., Westport, Connecticut, USA. All rights reserved. Smart Kids with Learning Disabilities® is a registered trademark of Smart Kids with Learning Disabilities, Inc. SmartKidswithLD.org is the website of Smart Kids with Learning Disabilities, Inc., a non-profit organization dedicated to providing support to parents of children with learning disabilities and/or attention deficit disorders.

# data[].attributes.body
With Covid19 interrupting a lot of the learning process, this blog highlights your right to still have your child be provided adequate services.

# data[].attributes.attachment_link.readable_text
The most critical component of your child's IEP is their Present Level of Academic Achievement and Functional Performance (PLAAFP). This is the telling of their story in a comprehensive way, and the foundation for a strong IEP.
View article at Students' Rights blog

Nearly everything has changed since COVID - how we work, how we learn, and even how (and what) we celebrate. One thing hasn't changed, however - a school's obligation to create and implement an IEP for all students in need of specialized instruction. Virtual learning has existed under different circumstances for years now; research-based practices exist and need to be considered by the IEP team and implemented by the school regardless of the model of programming currently being used. If COVID-19 hasn't changed your child's IEP, perhaps it should.
View article at Students' Rights blog

COVID-19 has thrown parents and schools into uncertainty and new challenges, including how to provide related services to students with disabilities. Some schools are likely to use these challenges as a reason to discontinue all related services during school closures. Parents should not accept that decision. Creative solutions are available and need to be fully explored by schools. We look at the obligations schools have through this crisis and some creative solutions to providing related services.
View article at Students' Rights blog

Parents of children with disabilities invest heavily in their kids - both in terms of time and resources. A recent opinion letter from the U.S. Department of Labor offers a glimpse of where the law is headed in terms of providing some relief to these working parents- those who know all too well the conflicting time demands between work and tending to their children's special education needs.
View article at Students' Rights blog

Parenting a special needs child can feel like swimming in a sea of information - and acronyms. We list the top 20 acronyms you're most likely to encounter in meetings with your child's education team, plus provide a plain-language explanation and background for each. Consider it a cheat-sheet to special education law and this new language.
View article at Students' Rights blog

A news story in late 2016 reminded us that special needs students are at special risk for bullying in school. In fact, they may be 1.5 times more likely to be bullied in school than their peers, according to a School Psychology Quarterly study. So how do we help students who are being bullied? Or prevent future bullying in schools?
View article at Students' Rights blog

A parent of a special needs child asks what she can do when the school has determined her son isn't eligible for special education. A lot, in many cases. In this article, we look at specific steps parents can take in response to their child's special education evaluation.
View article at Students' Rights blog

This is the third article in a series exploring student educational progress and Individualized Education Program (IEP) goals. In this article, we help you determine how your special needs child is performing not only against state standards but in his current grade level within the curriculum. We discuss the limitations of curriculum based measurements and outline specific ways to check your child's progress against IEP goals for written expression, reading fluency and math problem solving.

Make sure you're receiving adequate IEP progress notes from your child's teacher. It's your right.
View article at Students' Rights blog

This is the second article in a series exploring student educational progress and Individualized Education Program (IEP) goals. In this article, we explain how to find your child's IEP goals and use them as a benchmark for academic progress. We know how important IEP organization for parents is, so we outline what to bring to your IEP meeting, how to perform a draft IEP versus new IEP comparison, and more.
View article at Students' Rights blog

This is the first article in a series exploring student educational progress and Individualized Education Program (IEP) goals. In this article, we explain IEP progress monitoring, identify the sections that contain information about your child's progress, and provide questions parents should ask when progress reporting information isn't clear.

Parent involvement in the IEP process has never been more important. Don't miss out on this series.
View article at Students' Rights blog

Fifteen-year-old Gavin Grimm notified his Gloucester, VA high school that he was transitioning to a boy and requested permission to use the boys restroom at school. While his principal complied, town members didn't believe the transgender teenager should be allowed to use the boys room. Thus began Gloucester County School Board v. GG (Case No. 16-273), a case filed by the American Civil Liberties Union (ACLU). Get the details on this landmark civil rights and discrimination case.
View article at Students' Rights blog

Drew wasn't progressing in public school. He had been diagnosed with both autism spectrum disorder (ASD) and attention deficit/hyperactivity disorder (ADHD). His disabilities affected cognitive functioning, language skills, social abilities and communication skills. So his parents placed him in a private school, where they said he made "significant" academic and social improvement. They later filed a complaint with the Colorado Department of Education to recover the high cost of tuition at a private school.

The issue before the U.S. Supreme Court in Endrew F. v. Douglas County School District is: what level of educational benefit must a child receive under his individualized education program (IEP) to satisfy the requirements of the Individuals with Disabilities Education Act (IDEA)?

What are the special education rights and responsibilities of the school?
It's a good idea when filing a due process complaint to consult an experienced special education attorney. This is even more important when seeking private school tuition reimbursement. View article at Students' Rights blog

# data[].attributes.attachment_link.title
Education Law Topics for Parents, Court Decisions: Students' Rights

# data[].attributes.attachment_link.description
Be an advocate for your special needs child with the help of our blog at Students' Rights. We provide tips for parents and special education news on IEPs, IDEA, Section 504, civil rights & discrimination cases, court decisions and more.

# data[].attributes.body
Landmark provision that grants equal access to all students regardless of disability. This video goes into further detail surrounding the law.

# data[].attributes.attachment_link.title
IDEA: Individuals with Disabilities Education Act: History and Summary

# data[].attributes.body
This short video explains the fundamental rights you have regarding your child's education.

# data[].attributes.body
Get the math incorporates real life scenarios to further help students be able to connect with the material.

# data[].attributes.body
Learning Ally is a great website for those students who struggle to read. Here,  students can access a variety of audiobooks. This site can truly be used across all ages as it allows you to browse accordingly.

# data[].attributes.attachment_link.title
Browse Our Human Read Audiobooks Collection | Learning Ally

# data[].attributes.attachment_link.description
Audiobooks from Learning Ally help students with dyslexia, blindness, or visual impairments read better. Our audio books include textbooks, literature, and all book genres.

# data[].attributes.body
Scholastic allows parents to get involve in their child's learning. Meant for elementary and middle school aged students this site offers virtual learning material that is especially useful while distant learning.

# data[].attributes.attachment_link.description
Raise a reader by getting the best book recommendations, reading tips, and discounts delivered straight to your inbox.

# data[].attributes.body
Time for Kids allows students to find age appropriate content that coordinates with current events. In compliance with the state standards, the site also provides additional support with assignments and other related activities.

# data[].attributes.attachment_link.readable_text
Now students can follow the latest news. All tailored to their reading level. To explore the kids' website, select a grade and discover new stories each week.

View articles by grade level

# data[].attributes.attachment_link.description
Now students can follow the latest news. All tailored to their reading level. To explore the kids' website, select a grade and discover new stories each week. View articles by grade level

# data[].attributes.body
Brain POP offers learning across all or at least most subjects. This gives the student options and freedom to pick the optimal activity.

# data[].attributes.attachment_link.description
BrainPOP - Animated Educational Site for Kids - Science, Social Studies, English, Math, Arts & Music, Health, and Technology