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This image gives a timeline of Special Education History. It begins with the Elementary and Secondary Act of 1965 and ends with the reauthorization of the IDEA in 2004. Parents and/or individuals will learn a little about the laws and when they came about. This would connect back to and would support parents’ and families’ understanding of IEPs because they would know their laws and rights regarding IEPs. For example, parents would learn that they have the right to bring an advocate in the development of an IEP. This particular resource would support parents and/or students in advocating because it’s important for parents and students to know about the laws. In knowing about the laws, they can see when their rights are being violated. Then, they can move forward in advocating for themselves and their children. Some laws are specifically for parents and their rights. For example, The Family Education Rights and Privacy Act FERPA. This image states that “parents are allowed to have access to all personally identifiable information collected, maintained, or used by a school district regarding their child” (Peterson, 2014). If schools deny this, then that may be something you would fight and advocate for. Overall, this is a great, quick resource to refer to if you want a timeline of the special education laws and what they hold.

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The Graphic Timeline Artifact (above) is one that I created for this site. The information for the timeline was from John Peterson. I was having a hard time keeping the information in order and felt that putting the data in a graphic timeline helped me better understand the history and laws of Learning Disabilities.

One week we focused on the Museum of disABILITY History Website in Buffalo, New York. The link is . This website is a wonderful resource of history but some of the images and information can be very disturbing. I found the Education Wing of the Virtual Museum, including lesson plans my favorite part.

We watched a Willowbrook Video excerpt located , that also contains some disturbing scenes.This is a 28-minute documentary made in 1972 by Executive Producer, Albert T. Primo. It focused on the Willowbrook Institution located in Staten Island (one of the boroughs of NYC). To balance that we watched an uplifting video of Including Samuel that helped you realize how far we have come.

Other resources:
* C of ADA IDEA and Section 504 (Disability Rights Education & Defense Fund).
* The box to the right are Federal regulations about IEPs for parents (IDEA 2004).
* What is RTI? View the with Dr. Jan Hasbrouck as she briefly explains the Response to Intervention (RTI) framework and its educational goals. An RTI and behavioral and academic support systems chart is below(Sprague, Cook, Wright and Sadler 2008).

Creating the Timeline and viewing the videos, websites and information furthered my appreciation of the history, process, laws and RTI.

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The Graphic Timeline Artifact (above) is one that I created for this site. The information for the timeline was from John Peterson. I was having a hard time keeping the information in order and felt that putting the data in a graphic timeline helped me better understand the history and laws of Learning Disabilities.

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This article talks about parents’ rights under the IDEA. It talks about procedural safeguards and what they do for parents with children with disabilities. The article states that “these safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes” (Parents Rights under IDEA, 2017). Parents and/or individuals can learn about their rights and protections under the IDEA which can help them learn/understand their rights in the development of an IEP. For example, parents have the right to disagree with decisions made by the school during an IEP meeting. This article is easy to navigate and breaks down the safeguards further when you click on them. This is a great tool for parents that may not know anything or know very little about their rights. This particular resource would support parents and/or students in advocating because they will learn their rights so they can know when they are being violated throughout the IEP process.

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Accurate and updated information as of October 2021
En español | In Spanish

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The federal regulations for IDEA 2004 include a section (Subpart E) called Procedural Safeguards . These safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes.

The most notable procedural safeguards include those listed below. To learn more about any of these, click on the text in red, and you'll go to a separate page describing that procedural safeguard.

_____________________________________________

_____________________________________________

These are not the only procedural safeguards under IDEA, but they are the most relevant to the majority of parents. Therefore, in this series of pages on IDEA's procedural safeguards, we will explore only eight ...the ones mentioned above. Use the links above (the text in red) to read more about each one of these safeguards.

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Accurate and updated information as of October 2021 En español | In Spanish _____________ The federal regulations for IDEA 2004 include a section (Subpart E) called Procedural Safeguards . These safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes.

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This resource helps give an overview of what inclusion is, the IEP process, parental roles, and the special education laws. Parents or individuals can learn what services their child may receive under the special education laws, what the IEP process is like, and how these goals will be determined. This resource would support parents or students in advocating because the information provided allows them to understand parental/students’ rights throughout the IEP process, along with the appropriate education a child with disabilities should receive. For example, the resource states that “if the parents disagree with the initial evaluation of their child they have the right to take their child for an independent educational evaluation and ask if the school system pays for this” (McCarthy et. al, 2010). Overall, this is a great resource for parents to watch and be informed of the services their child with an IEP will receive and the laws that support it.

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This resource allows students to understand what an IEP is, why you need to be a part of your IEP team, and how to be an active participant when developing your IEP. Students can understand and learn why they might need an IEP, and the step by step process of an IEP meeting. This resource connects back to and would support parents’ and individuals’ understanding of the law because the IDEA says that children with disabilities that are receiving special education services are required to have an IEP (Kovac, 2002). This resource helps students advocate because they have the right to be at the meeting for the development of their IEP. For example, it is important for the student to “Tell your family and teachers that you are interested in participating in your next IEP meeting. It is important that you have the support of your parents and teachers, because they will play a major role in helping you” (Kovac, 2002, p.6). Overall, for students/parents who might not have a lot of experience with the IEP process, they can use this resource to gain knowledge about the law and how they can play a role in the special education systems.

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It is important for parents and students to know their rights within the IEP process. Parents can learn that they have the right to participate in an IEP meeting to discuss their child’s needs. Parents can learn that, based on special education laws, they have the right to give or deny consent if they don’t want an evaluation or don’t agree with the services. One major takeaway for parents is that they have the right to disagree with a school decision and a mediation will be scheduled. In some cases “if you transfer your child to a private school, the school district usually doesn’t have to reimburse you. If your child needed services and the school failed to provide them, it might have to pay the tuition” (Lee, 2020). This helps parents advocate because if the school isn’t providing the proper tools and services listed in a child’s IEP, by law, a parent has the right to communicate that in a due process meeting.

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About the Author

About the Author

Andrew M.I. Lee, JD is an editor and former attorney who strives to help people understand complex legal, education, and parenting issues.

Reviewed by

Reviewed by

Bob Cunningham, EdM serves as executive director of learning development at Understood.

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What Are Your Rights in the IEP Process?

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Andrew M.I. Lee, JD is an editor and former attorney who strives to help people understand complex legal, education, and parenting issues. Bob Cunningham, EdM serves as executive director of learning development at Understood.

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When thinking about the law, one major component for a child with special education is the Least Restrictive Environment. This module provides a guideline for parents to be able to understand how their students will receive IEP services and where a child will spend their time in the school. Parents and students can learn that “ … according to IDEA, students with disabilities should be educated alongside their peers without disabilities to the maximum extent appropriate” (Iris Center, n.d., p.2). Parents and students can understand that this creates an inclusive environment in which the student should have the opportunity to use their services without being removed from the general education classroom. This resource can help students and parents advocate because they can see the continuum and how their child with an IEP should be receiving support, based on the laws, in a general education classroom. Overall, parents that want to learn about Least Restrictive environments should look at this module to see examples of the supports and how it can be delivered.

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This video talks about being an advocate for your child with disabilities. Parents talk about their experiences with being an advocate for their child. It is important for parents to advocate for their children if their rights are being violated under the IDEA. This video provides some tips that include finding resources that can help your child, looking into organizations, etc. Professionals also give information on what parents can do such as asking questions, being involved, etc. Asking questions and being involved can help support parents’ and families’ understanding of their IEP. Parents and/or individuals can learn how important it is to advocate for your child. At the beginning of the video, the woman states “Your child doesn’t have a voice. You are his voice or her voice” (Being an advocate, 2019). They can also learn, from other parents, different tips for advocating for their child. This particular resource would support parents in advocating because the people in the video provide tips for how one can advocate for their child with disabilities.

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Being an advocate for your child with disability: parent tips

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If you have a child with disability, you'll probably need to be an advocate. In this video, parents share tips on speaking up for your child.

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This magazine article is about advocating for your child with disabilities. It talks about different types of advocates such as lay advocates, educational advocates, and parents. It also talks about what advocates do. It mentions how you, the parent, are the most important advocate for your child. The magazine article also states “when educational advocates go to eligibility and IEP meetings, they are acting on the child’s behalf. Some educational advocates negotiate for services. Others are less knowledgeable about special education law and how to use tactics and strategies” (Wright & Wright, 2010). Therefore, this connects back to IEPs, because parents and families have the right to bring an advocate in the development of an IEP. It is important for parents to know and remember that you are the one who truly has your child’s best interests in mind. From the resource, parents can learn what they can do to help advocate for their children when their rights are being violated under the IDEA. Some examples include: identifying problems, proposing solutions, gathering data, etc. This particular resource would help the parents in advocating because it gives a list of what people can do to advocate for their child.

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Good special education services are intensive and expensive. Resources are limited. If you have a child with special needs, you may wind up battling the school district for the services your child needs. To prevail, you need information, skills, and tools.
Who can be an advocate?
Anyone can advocate for another person. Here is how the dictionary defines the term "advocate":

ad-vo-cate - Verb, transitive. To speak, plead or argue in favor of. Synonym is support.

1. One that argues for a cause; a supporter or defender; an advocate of civil rights.

2. One that pleads in another's behalf; an intercessor; advocates for abused children and spouses.

3. A lawyer. (The American Heritage Dictionary of the English Language, Third Edition)

An advocate performs several functions:

Supports, helps, assists, and aids

Speaks and pleads on behalf of others

Defends and argues for people or causes

Different Types of Advocates
Special education advocates work to improve the lives of children with disabilities and their families. You are likely to meet different types of advocates.
Lay Advocates
Lay advocates use specialized knowledge and expertise to help parents resolve problems with schools. When lay advocates attend meetings, write letters, and negotiate for services, they are acting on the child's behalf. Most lay advocates are knowledgeable about legal rights and responsibilities. In some states, lay advocates represent parents in special education due process hearings.
Educational Advocates
Educational advocates evaluate children with disabilities and make recommendations about services, supports and special education programs. When educational advocates go to eligibility and IEP meetings, they are acting on the child's behalf. Some educational advocates negotiate for services. Others are less knowledgeable about special education law and how to use tactics and strategies.
School Personnel
Teachers and special education providers often see themselves as advocates. Teachers, administrators, and school staff often provide support to children and their families. But because they are employed by school districts, school personnel are limited in their ability to advocate for children with disabilities without endangering their jobs.
Parents
Parents are natural advocates for their children.

Who is your child's first teacher? You are. Who is your child's most important role model? You are. Who is responsible for your child's welfare? You are. Who has your child's best interests at heart? You do.

You know your child better than anyone else. The school is involved with your child for a few years. You are involved with your child for life. You should play an active role in planning your child's education.

The law gives you the power to make educational decisions for your child. Do not be afraid to use your power. Use it wisely. A good education is the most important gift you can give to your child.

As the parent of a child with a disability, you have two goals:

1. To ensure that the school provides your child with a "free appropriate public education" that includes "specially designed instruction . . . to meet the [child's] unique needs . . ." (20 U.S.C. §1401)

2. To build a healthy working relationship with the school.

What Advocates Do
Advocacy is not a mysterious process. Here is a quick overview of advocacy skills.
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 documentation to resolve disagreements and disputes with the school.
Learn the Rules of the Game
Advocates educate themselves about their local school district. They know how decisions are made and by whom.

Advocates know about legal rights. They know that a child with a disability is entitled to an "appropriate" education, not the "best" education, nor an education that "maximizes the child's potential." They understand that "best" is a four-letter word that cannot be used by parents or advocates.

Advocates know the procedures that parents must follow to protect their rights and the child's rights.
Plan and Prepare
Advocates know that planning prevents problems. Advocates do not expect school personnel to tell them about rights and responsibilities. Advocates read special education laws, regulations, and cases to get answers to their questions.

Advocates learn how to use test scores to monitor a child's progress in special education. They prepare for meetings, create agendas, write objectives, and use meeting worksheets and follow-up letters to clarify problems and nail down agreements.

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Keep Written Records
Because documents are often the keys to success, advocates keep written records. They know that if a statement is not written down, it was not said. They make requests in writing and write polite follow-up letters to document events, discussions, and meetings.
Ask Questions, Listen to Answers
Advocates are not afraid to ask questions. When they ask questions, they listen carefully to answers. Advocates know how to use "Who, What, Why, Where, When, How, and Explain Questions" (5 Ws + H + E) to discover the true reasons for positions.
Identify Problems
Advocates learn to define and describe problems from all angles. They use their knowledge of interests, fears, and positions to develop strategies. Advocates are problem solvers. They do not waste valuable time and energy looking for people to blame.
Propose Solutions
Advocates know that parents negotiate with schools for special education services. As negotiators, advocates discuss issues and make offers or proposals. They seek "win-win" solutions that will satisfy the interests of parents and schools.
Your Assignment Plan for the Future
What are your long-term goals for your child? What do you envision for your child in the future? If you are like most parents, you are focused on the present. You haven't given much thought to the future.

Do you expect your child to be an independent, self-sufficient member of the community? Although some children with disabilities will require assistance as adults, most will grow up to be adults who hold jobs, get married, and live independently.

If you have a vision about what you want for your child in the future, you are more likely to achieve your goals.

If you believe others will make long-term plans for your child and provide your child with the necessary skills to be an independent, self-sufficient member of society, you are likely to be disappointed.
Answer Questions
What do you want for your child? What are your goals for your child's future? Do you have a master plan for your child's education?

If you want your child to grow up to be an independent adult, what does your child need to learn before he or she leaves the public school system?

What do you want?
Develop a Master Plan
If you are like many parents, you don't have a master plan. You don't know where you are, where you need to go, or how to get there. Do not expect school personnel to make long-term plans for your child - this is your responsibility.

Begin by thinking about your vision for your child's future. What are your long-term goals for your child? What will your child need to learn? What services and supports will your child need to meet these goals?

Are you ready to advocate? Here is a list of supplies that will help you get started:

Two 3-ring notebooks (one for your child's file; one for information about your child's disability and educational information)

3-hole punch

Highlighters

Package of sticky notes

#10 Envelopes

Stamps

Calendar

Journal

Contact log

Small tape or digital recorder

In this article, you learned about lay advocates and educational advocates, and about limitations on teachers and special education staff in their ability to advocate. You learned that parents are natural advocates for their children.

You learned about basic advocacy skills-gathering and organizing information, planning and preparing, documenting, problem solving, and negotiating. You have a list of supplies to help you advocate.

You learned that you must plan for your child's future. A plan is like a roadmap. When you have a plan, you know where you are, where you need to go, and how to know when you arrive.
The Parent's Journey From Emotions to Advocacy
On your journey from emotions to advocacy, you will learn about your child's disability, educational and remedial techniques, educational progress, Individualized Education Programs (IEPs), and how to artfully advocate.

You will learn how to present your concerns and problems in writing, prepare for meetings, and search for win-win solutions. You will learn how to use your emotions as a source of energy and power, and how to focus on getting an appropriate education for your child.
This article is based on a chapter from Wrightslaw: From Emotions to Advocacy: The Special Education Survival Guide by Pamela Wright and Peter Wright.

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Advocating for Your Child - Parenting Special Needs Magazine

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Good special education services are intensive and expensive. Resources are limited. If you have a child with special needs, you may wind up battling the school district for the services your child needs. To prevail, you need information, skills, and tools. Who can be an advocate? Anyone can advocate for another person.