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Learn to become involved with your child.

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Learn to become involved with your child.

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This article with attached links allows you to attend trainings which gives you different techniques and tricks to practice with their student to increment their behavior, learn how to communicate as well.

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By Amanda Morin

At a glance

The role of special education teachers varies from school to school and from student to student.

Special education teachers and general education teachers work together in lots of ways.

They may run special education classrooms or co-teach in the general classroom.

If your child has an IEP, you may wonder what the special education teacher does that the general education teacher doesn't do. Will the special education teacher work with your child one-on-one? Is this the person you can call when you have questions about your child's IEP?

A special education teacher can fill many different roles. That role varies from school to school and from student to student. Here's what you need to know about special education teachers.

Special education training

The training a special education teacher gets differs from state to state. It can even vary among school districts in the same state.

Most special education teachers have the same training that general education teachers have. But they also complete added coursework. These extra courses vary, based on the specialty a teacher pursues.

For example, some teachers want to teach kids with more than one disability. Their coursework will be different than that of teachers who want to teach kids with specific learning disability.

How special education teachers work with general education teachers

Special education teachers often work with general education teachers. General education teachers turn to special education teachers when they want to learn more about how learning and thinking differences impact students.

Special education teachers might also observe students in the classroom and do informal assessments of kids. That lets them see how things are going and think about what accommodations might help.

They also help figure out how to implement those accommodations. They help to create and track the data for behavior intervention and classroom management plans. And they might help general education teachers adapt lesson plans.

How special education teachers work with students

How a teacher works with students depends on the students' needs and the way a school is set up.

In some districts, for example, teachers run special education classrooms. Two common examples of these are:

Resource rooms. Students come for instruction in certain subjects, like math or reading.

Self-contained classrooms. Students with similar learning needs spend the majority of their day in this type of room. Most kids who learn and think differently aren't in self-contained classrooms, though. They spend most of their day in the general education classroom.

Special education teachers may also co-teach in the general education classroom. They help all students, but especially kids who need extra support. That goes for kids who are and aren't identified with learning and thinking differences.

Here are some other ways a special education teacher might work with students:

Giving support in the general education setting.

Providing "pull-out" services in small groups or one-on-one.

Keeping track of progress toward IEP goals.

In some rural school districts, there may not be a special education teacher in the building full-time. Sometimes teachers work in more than one school.

In that case, there are often paraprofessionals who support kids' learning. (They're sometimes known as aides.) They follow a special education teacher's lesson plan and work under the teacher's supervision.

Partnering with special education teachers

Most special education teachers have training in how to teach specific subjects to different kinds of learners. That includes everything from reading to science to math. They may also learn how to plan lessons using Universal Design for Learning (UDL) and assistive technology.

But teacher-preparation programs don't all include training in things like reading programs for struggling readers. That may be something a teacher has to learn at professional development training. If you're not sure about the training your child's teacher has, it's OK to ask. Having an open dialogue can help build a strong partnership.

Key takeaways

The training a special education teacher gets varies from state to state, and even district by district.

Special education teachers often work with general education teachers.

Partnering with the special education teacher can help you both make sure your child is getting the right support.

Tell us what interests you

About the author

About the author

Amanda Morin is the director of thought leadership at Understood and author of "The Everything Parent's Guide to Special Education." She worked as a classroom teacher and early intervention specialist for more than a decade.

Reviewed by

Reviewed by

Kristen L. Hodnett, MSEd is a clinical professor in the department of special education at Hunter College in New York City.

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Special Education Teachers: A Guide for Parents

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The role of special education teachers varies from school to school and from student to student. Special education teachers and general education teachers work together in lots of ways. They may run special education classrooms or co-teach in the general classroom.

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Different pdf files which parents can download where there is a variety of different social stories to support parents.

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Do you work with a child who struggles to regulate their feelings or behavior?

When it comes to helping a child build self-regulation skills, it's critical that everyone is on the same page.

With this free resource from Zones of Regulation creator Leah Kuypers, generously shared with us to share with you, you can unite all the players in a child's life at school.

Inside, you'll find strategies to:

Collaborate across disciplines.

Teach, practice, and reinforce self-regulation skills.

Problem-solve teaching hurdles and student challenges.

Help your students learn adaptive ways to manage their feelings and use prosocial behaviors.

With communication and collaboration, you can be an agent of change.
Fill out the form to download this free resource for building an empathic, consistent, and reliable structure of support.
Find CPI Training near you today!

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How To Support Self-Regulation Across Disciplines | CPI

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Do you work with a child who struggles to regulate their feelings or behavior? When it comes to helping a child build self-regulation skills, it's critical that everyone is on the same page. With this free resource from Zones of Regulation creator Leah Kuypers, generously shared with us to share with you, you can unite all the players in a child's life at school.

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Incredible resource for parents in the central valley where students are able to receive help for their student.

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The Family Resource Center provides Resources and Referral, Parent to Parent Support, help navigating systems that serve you and your family. Our program is staffed with parents and close family members of children with disabilities.

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Family Resource Center - EPU Children's Center

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The Family Resource Center provides Resources and Referral, Parent to Parent Support, help navigating systems that serve you and your family. Our program is staffed with parents and close family members of children with disabilities.

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You are not alone, there is so many parents, teachers, students going through the same thoughts as you are. Read the different stories and share yours, be an inspiration to someone else.

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Autism Journey Blog, for parents of children with an autism spectrum disorder. Stories and experiences with ASD, quality information, resources and more

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No one knows their child better then the parent themselves, this is a great tool for parents to plan to advocate for their child. Raise your voice and get them the services they need to be successful.

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Advocacy 101: What Do Advocates Do? - Smart Kids

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Advocacy is not a mysterious process. Following is an overview of what advocates do. Gather Information Advocates gather facts and information. As they gather information and organize documents, they learn about the child’s disability and educational history. Advocates use facts and independent docu…

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This article is a guided resource which is extremely informational for parents with students with disabilities. It allows parents to conduct further investigation to seek resources, however they are able to understand the different laws for disabled students.

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Understood the different vocabulary words that are induced when advocating for your child and their needs.

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By The Understood Team

At a glance

The terms used in and about special education can be unfamiliar.

You may not hear all of these terms.

Learning these terms early in the special education process can help you in the long run.

When it comes to special education, you may run into terms and jargon that you're not familiar with. Here are key IEP and special education terms and abbreviations you may see and hear.

annual goals: The IEP document lists the academic and functional (everyday) skills the IEP team thinks a student can achieve by the end of a school year. These goals are geared toward helping students take part in the general education curriculum. IEP goals need to be realistic and measurable. Many schools write SMART goals. (SMART stands for Specific, Measurable, Attainable, Results-oriented and Time-bound.)

Individualized Education Program (IEP): An IEP outlines the program of special education instruction, supports, and services kids need to make progress and thrive in school. Some people refer to the written document that outlines this as the IEP (in which case p can stand for plan).

Individuals with Disabilities Education Act (IDEA): The nation's special education law. IDEA is a federal law that guarantees all students with disabilities access to a free, appropriate public education.

Key takeaways

Review this list of terms before special education meetings to refresh your memory.

Not all of these terms will apply to all students.

Ask the IEP team to explain any terms you don't understand.

Tell us what interests you

About the author

About the author

The Understood Team is made up of passionate writers and editors. Many of them have kids who learn and think differently.

Reviewed by

Reviewed by

Amanda Morin is the director of thought leadership at Understood and author of "The Everything Parent's Guide to Special Education." She worked as a classroom teacher and early intervention specialist for more than a decade.

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The terms used in and about special education can be unfamiliar. You may not hear all of these terms. Learning these terms early in the special education process can help you in the long run. When it comes to special education, you may run into terms and jargon that you're not familiar with.

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Article explaining what goes into an IEP as well as if a student has behavior the ability for a behavioral intervention plan to be induced in an IEP.

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What are your rights as a student or a parent? What recourse do you have if those rights are violated or ignored? The paragraphs to follow give a broad description of the rights guaranteed to you under the Individuals with Disabilities Education Act (IDEA) and other laws.

Laws Regarding Services

The most important elements to remember when advocating for yourself or a child are that students with disabilities must have individualized education plans (IEPs) that include offers of free and appropriate public education (FAPE), and that these students are entitled to receive their education within the least restrictive environment (LRE). These rights are guaranteed under the Individuals with Disabilities Education Act (IDEA). These offers of FAPE come in the form of goals, based upon the present levels of academic performance and functional performance; description of services needed with time and location; accommodations and modifications; and some legally required check points.

The IEP Contract

If a child has a disability, the school district must write an IEP for him or her, which includes its offer of FAPE. This offer of FAPE is a binding contract for services between the school district and the parent. This means that if a school does not provide services agreed upon within the IEP, it's in violation of the law. (More information about the IEP can be found in The IEP Process Explained.) Violation of this law does not mean that school district officials will go to jail, or be faced with extreme financial penalties. What it usually means is that the district is found to be out of compliance, perhaps pay for the student's legal services, and be required to provide compensatory services to make up for the loss of service.

Free and Appropriate Public Education

The words "free" and "appropriate" mean that every student is entitled to an education that is based upon the child's unique needs. It also means that under no circumstances should a parent be asked to pay for any or all of it. As a parent, you can certainly choose to supplement your child's education with private tutors or service providers, but the school district cannot ask you to pay for the services it outlines within its offer of FAPE.

Least Restrictive Environment

The law also requires that students with disabilities be educated in the least restrictive environment (LRE). This means that the district must show that it has attempted to provide services to the student in a classroom setting that is as close to the general education setting as possible. Unless your student has severe medical or physical impairments that require specialized staff, districts should try to include him or her in the general education classroom as much as possible. If the district would like to offer services in a more exclusive environment, such as a special education classroom, it must prove that the student cannot be successful in a less restrictive environment.

Laws Regarding Evaluation and Assessment

The laws governing evaluation for eligibility for special education services are designed to ensure that students continue to receive the services they need, that students are evaluated in a fair and equal manner (without any discriminatory bias) and that parents remain informed throughout the evaluation process.

Timelines

Before a student can begin receiving special education services, he or she must be evaluated and the answer must be yes to the following three questions:

1. Does your child have a disability?

2. Does the disability cause an educational impact to his or her education?

3. Is the child in need of special education (defined as "specially designed instruction")?

As a parent, you can request an assessment, and the district must comply by assessing your child or writing a notice of action (a legal form) denying the request. In some states you must be presented with an assessment plan within 15 days of your request, however the evaluation must be completed within 60 days (excluding holidays) in all states. If your child has a diagnosed medical need that falls under one of the special education categories specified by IDEA, you will need to provide medical records or a doctor's note to the school district before your child can begin receiving special education services. It is important to know that the medical personnel do not identify the child for IDEA services, that is still done by the group of qualified professionals on what is called the evaluation team.

Once your child has begun receiving services, the district must reassess his or her eligibility every three years. This is called a triennial review. Generally, this involves cognitive tests administered by the school psychologist and academic performance tests administered by the classroom teacher, the results of which will be shared with you during the triennial review meeting. It is also possible that the district has enough existing data to either continue or terminate service, and in that case there is no requirement to conduct additional testing. However, the decision to continue or terminate has to be data-based-not based simply on "a hunch."

Informed Consent

Before a district assesses a child for a disability or for the continuation or cessation of services, it must present an evaluation plan to the parent and receive signed consent. Until consent is obtained, a district cannot evaluate a student; to do so is a violation of the law. Once the child has been assessed and the district uses the information gained to continue, alter or discontinue the services it provides, it must once again receive consent from the parents.

Native Language

The decision in the landmark case Diana versus State Board of Education (1970) made it illegal to identify students as disabled unless they have been tested in their native language. This means that the district is required to evaluate a student in his or her native language before they can identify that student as having a disability and provide special education services. In addition, parents must be offered evaluation plans and IEPs in their native language before giving informed consent. The only exception is in the case where the home uses an alternative language, but the student is evaluated to be proficient in English.

Laws Regarding Disputes and Behavioral Challenges

Laws are in place to protect students and parents during challenging times. They provide opportunities for parents to have their concerns heard before an impartial mediator or judge, and prevent a district from removing a child from school without informed consent.

Disputes

Special Education law allows parents or districts to ask for any of three dispute resolution processes. They are not sequential and can be completed in any order. The least complex of the three is typically tried first. In that case, the district or parent calls the state's Department of Education, Exceptional Services Division, and files a formal complaint with a trained dispute resolution specialist. That case will be investigated and within 60 days a decision rendered. If that were not to work, or deemed not to work, a parent or district can ask for mediation. In this process, trained state employees or contractors work with both parties to mediate the situation to find a compromise. Both the district and the parent must agree to the mediation process before it can proceed. The final process is a due process hearing, which is very much like a trial. In this case, the parents and the district present their cases with witnesses, depositions, review of records, etc. and a single adjudicated law judge determines the outcome of the case. An adjudicated law judge is an attorney, trained in special education law who is not normally a judge. They are typically referred to as an ALJ.

With the reauthorization of IDEA 2004, all states are now required to have these three dispute-resolution processes at a minimum. However, parents should first attempt to resolve those conflicts within the school district processes. Typically that process starts with a special IEP team meeting where parent concerns are voiced and resolutions are explored. Sometimes it takes more than one meeting and more than one change to the child's IEP. If it the dispute isn't resolved by that process, then the parent may consider taking his or her case to the district special education director. If the dispute still isn't resolved, then the parent may call for dispute resolution at the state Department of Education.

Stay Put

While an IEP or offer of FAPE is in dispute, the parent can request that the student remain in his or her current educational placement. In such cases, if there is a previous IEP, its offer of FAPE and its goals, accommodations and modifications will remain in place. This is often referred to as the "Stay Put" law. The student will "stay put" until an agreement is reached and the parent provides informed consent for the new IEP, or a judge issues a ruling on a due process case.

It's worth adding that one member of the IEP team, including the parent, cannot alone hold up the implementation of an IEP if there is a strong majority of voting IEP team members who agree to it. IEP implementation is based on what the law calls "consensus," which is a strong majority of the voting members. The only time the parent signature is required to implement an IEP is for the initial placement. Subsequent signatures on IEPs merely document that a parent or other team member(s) approve or disapprove.

Behavioral Challenges

As a parent, you can invoke the "Stay Put" law if a district would like to expel your child or change his or her placement because of behavioral problems. If, however, your child has been suspended for 10 or more days, the district must convene the IEP team to conduct a manifestation determination. The team determines if the behavior for which the child is being disciplined is a manifestation of (i.e., caused by) his or her disability. If the team determines that the behavior is a manifestation of the disability then the child returns to school. However, if the team determines that the behavior is not a manifestation of the disability, the child's suspension can continue, but the district must continue to provide his or her special education services.

The reason for the manifestation meeting after a 10 day time period is that any exclusion from school for behavior that reaches 10 days is considered a change of placement; only the IEP team can authorize a change of placement. The manifestation meeting then determines if a change of placement is required. If a child's behavior involved the use of drugs (not including alcohol); a weapon, such as a gun or knife with an inch and a half blade; or caused bodily harm, the district can put the child in a 45-day alternative placement, following the manifestation determination meeting.

Often following continuing discipline, the IEP team has to revise the functional behavioral analysis and the behavior intervention plan to attempt to decrease the incidence of disciplinary action. It is best practice to do so when a student is continually disciplined for behavior issues.

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A Guide to Student and Parent Rights in Special Education

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What are your rights as a student or a parent? What recourse do you have if those rights are violated or ignored? The paragraphs to follow give a broad description of the rights guaranteed to you under the Individuals with Disabilities Education Act (IDEA) and other laws.

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This article refers to what an Individualized Educational Plan is, this is the process of an IEP. Everything that should be included, as well as what goes into an IEP and what happens in an IEP.

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Origins and Purpose

Although the legal precedence for inclusion can be traced to the Supreme Court decision in the case of Brown v. Board of Education, it was really the parents of children with disabilities that encouraged legislators to adopt the Education for All Handicapped Children Act (EAHCA) in 1975. This legislation required school districts to include and educate students with special needs and to create specialized academic plans for them. In 1990, EAHCA was renamed The Individuals with Disabilities Education Act (IDEA).

With such honorable beginnings, it makes sense that the individualized education program (IEP), or sometimes called individual education plan, process was intended to be centered on the student. Whatever the IEP includes, its purpose is always the same: to tailor an educational plan for the child so that he or she can reach his or her full potential.

The First Step: Determining Eligibility for Services

Who Qualifies?

Before a student can receive special education services, he or she must be evaluated for eligibility. Under IDEA, there are currently 13 categories under which a child can receive these services:
*ID has also been referred to as "Mental Retardation" (MR) in the past, and the term and its acronym may be used colloquially or in older documentation. It is not, however, a currently accepted practice to refer to individuals with intellectual disabilities as mentally retarded.
How Can I Have My Child/Student Evaluated for Eligibility?

As a parent, it is very simple. If you think that your child may qualify for special education services, you need only to request an evaluation. You can do this by contacting you child's teacher, the school psychologist or the school principal. A group of qualified personnel will decide whether to evaluate or not and create a plan for the evaluation. The district has 60 days from the date of your giving permission to evaluate to complete the evaluation. Some states have administrative code that defines the length of time the team has to decide how and whether to evaluate, but not all do so. Any and all decisions regarding evaluation require the school district to inform and invite the parent to be a participant. There should be no decisions about whether or how to evaluate without the parent being a part of the team's discussion.

Teachers can also refer students for evaluation, but this should happen after attempts have been made to remedy problems without special education services. If such attempts have been made, and the child continues to struggle, while varied from school to school, the next step may be initiating an intervention under RTI, or convening the school's student services team (SST) to discuss the student's performance. At this meeting, the general education teacher should bring work samples and other data such as reading and math scores, behavioral charts and writing samples. The evaluation team can then decide whether to refer the child for an evaluation, or suggest that the child continue without special education services.

If the team suspects that a child has a learning or behavioral impairment, it will work together to determine what tests and data will be gathered. This can include a variety of performance-based tests, such as the Woodcock Johnson, Third Edition (WJIII) or the Wechsler Individual Achievement Test (WIAT), as well as cognitive and behavioral functioning tests. It's important to note that NO testing can begin until the parent consent by giving written permission to evaluate.

Following the testing and gathering of existing data, the evaluation team will meet again to discuss the results. Any time the decisions are made regarding evaluation, the parent is invited to participate. Each of the 13 categories of disability included in IDEA has unique qualification requirements. However, the most common disability (roughly half of those evaluated) are in the category of specific learning disability (SLD). Under the SLD category, if the discrepancy between achievement and ability (measured by the discrepancy between IQ and academic test results) is large enough, the child will qualify for services.

A note about the discrepancy method and SLD: As a part of the 2004 reauthorization of IDEA, school districts were asked not to rely solely upon the discrepancy method for identifying SLD, because it makes it very difficult to identify any child who is younger than the third grade age level. Nonetheless, a large number of school districts still rely upon the so-called discrepancy model for SLD, when in reality they can acquire enough pre-existing data with RTI to document eligibility. The other 12 categories have varying requirements, but none are similar at all to those required for SLD. Parents should be careful to observe when SLD standards are being applied to other categories, such as Other Health Impairments, when there is no legal provision to do so.

Also, keep in mind that there are some diagnoses that teachers and school psychologists are not qualified to make. Attention deficit hyperactive disorder (ADHD), autism, and most physical and developmental delays require medical diagnoses. If you suspect that a student has one of these impairments, it is vital to include a medical professional (such as the child's pediatrician) in the evaluation process. Also, children with developmental delays or physical impairments who receive routine medical care will most likely be diagnosed in the pediatrician's office and will begin receiving services early in life. Children under age three can receive early intervention services through school districts (depending on the state of residence) or other state-funded programs.

The bottom line is that in each category of disability there must be an impact on the student's education caused by the disability, and the student must be deemed in need of specially designed instruction. After all, not all children with a disability require special education services.

Step Two: The IEP

If your student or child is diagnosed with a disability, the next step will be to design a program for him or her that will address his or her unique needs. This program will be laid out in a very specific, very long document called the individualized education program (IEP) that will be reviewed annually in the IEP meeting. Annual is defined as no more than 365 days; meetings held after this date are considered non-compliant. An initial IEP (the first one) must be in place within 30 days of the evaluation meeting determining eligibility.

Special education teachers often use the term "IEP" interchangeably to mean the formal document and the meeting in which it is discussed. To avoid confusion, you should refer to the document as the "IEP," and the meeting as the "IEP Meeting" or "annual review."

Who attends the IEP meeting?

Every IEP meeting must have in attendance the special education teacher, district representative (often an administrator, but not required to be), someone to interpret test data, and a general education teacher; the is parent invited and encouraged to attend. Also commonly seen in IEP meetings are the student (who are required to attend from the age of 16 years on), school psychologist, adaptive physical education teacher and service providers such as speech and language specialists and occupational therapists.

While all five member roles are required, it is possible for one member to serve more than one role. For example, a special education teacher is typically trained to interpret test data, so he or she can play the role of that position as well as the special education teacher. Each person on the team has a unique role. The special education teacher knows what forms of specially designed instruction can be easily done in that school; the general education teacher is an expert in the general education curriculum of the grade in which the student is current placed; the district representative ensures that the IEP is legally compliant and all the stipulations of the IEP can be put in place; the interpreter of test data helps the team to understand the testing information. Finally, the parent, is not mandated to attend, has the unique role of understanding the child from birth and outside of a school setting.

What Goes into the IEP?

Everything but the kitchen sink! All levity aside, a good IEP is a long and very specific IEP. It is important to remember that the IEP is a binding document for the provision of services between the district and the parents. This means that if a district does not provide services that are promised in the IEP, it is non-compliant with the IEP and the law. It does not mean that if a child has not made as much progress as the team would like to see, that the teacher or district should be sued; it also doesn't mean that anyone will go to jail.

Inside the IEP, you should expect to find all of the following:

Present Levels: This is a snapshot of who the child is and how he is doing right now. This should include eligibility information, contact information for the parents and a summary of current work. This summary should include data such as reading and math test results, current grades, observed skills, behavioral referrals and records of work habits. In short, it should be specific. Teachers should avoid writing generalities or subjective comments such as "Johnny is a well-behaved boy." Space should be provided for family and parental input. In essence, the present levels of academic achievement and functional performance (PLAAFP) should state the students strengths and weaknesses, classroom performance, and provide measurable baseline data from which goals are created.

Offer of Free and Appropriate Public Education (FAPE): This is commonly referred to as "placement" and/or "services." This is the binding part of the contract, in which the district offers classroom and/or ancillary services such as speech therapy or adaptive physical education. It should specify how often (number of days in the school year) the child will receive these services and the duration of the services (how many minutes per session). This section cannot use variable terms, such as "as needed," rather should spell out the minimum number and times for provision of services.

Goals: Goals are written to provide measures of progress. Goals can be academic, behavioral, social or transition-based, and should always be written for recognized areas of need. For example, if a student is far behind peers in math, he or she should have a math goal. Goals should be achievable (the team should agree that the student could reasonably meet the goal in one year) and measurable (the teacher must feel that he or she can provide hard data and work samples to show progress toward the goal).

Accommodations and Modifications: Accommodations and modifications are changes to the classroom environment that may be necessary to assist the student. Teachers and parents are often unclear about the difference between an accommodation and a modification. The general rule is this: if it helps the student to complete the same work at the same level as his peers, it is an accommodation; if it changes the work, or the work is completed at a different level, it is a modification. For example, allowing a child to type his notes rather than hand write them is an accommodation. An adult typing them for him is a modification.

Transition Plan: Recent legislation requires that students who will turn 16 within the life of the IEP must have a transition goal and plan.

Signature Page and Meeting Notes: Each member of the IEP team typically signs, indicating that he or she was present at the meeting and approves the notes from the meeting. In addition, the parent must consent to the accommodations, modifications and placement (offer of FAPE) from the district for the initial IEP to be implemented.

What Happens at the IEP Meeting?

Every year, the IEP team convenes for the annual review (AR). The AR is designed to gather all the IEP team members in one location to update one another on the student's needs and performance by reviewing progress toward goals and looking at new data like work samples and recent testing. Every three years, the team will also meet to discuss the student's continuing eligibility for services. This meeting is called the triennial review (Tri) and is usually combined with the AR.

Many new teachers are under the impression that the entire IEP should be written during these meetings. While some of the writing does happen there, the team should come to the meeting with a first draft of goals, present levels, suggested accommodations and modifications and an offer of FAPE. If every member came to the table with nothing prepared, the IEP meeting would last for hours and hours. More suggestions on how to write the IEP can be found in The Collaborative IEP: How Parents and Teachers can Work Together.

Step Three: Follow Up

The IEP meeting should not be the only time that teachers, parents and other service providers discuss a child's progress. Remember that the IEP is a working document and can be modified and changed as needed throughout the school year. It is important to keep the line of communication open between team members and to continuously work together to best meet the needs of each student.

Read more about the IEP process on the U.S. Department of Education website.

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The Individualized Education Program Process in Special Education

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A guide to individualized education programs for teachers and parents. Learn about the IEP process, including IEP meetings, goals, accommodations, and more!

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Watch this video before you walk into your IEP meeting. This video has information where you are able to comprehend not only from a parent's perspective but also the school system's perspective.

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IEP Battle | Parents VS. The School System | Special Education Decoded

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Legal Rights that all parents need to know before attending their child's IEP meeting. Everyone has rights especially you, as a parent.

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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

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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.

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This website is an article for parents who are not informed and have questions. Quick answers for frequently asked questions.

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