The United States Senate's unwillingness to ratify the Convention on the Rights of the Child (CRC) notwithstanding, the Individuals with Disabilities Education Act (IDEA) contains significant safeguards protecting the rights of students with disabilities, acknowledging their participation rights in decisions about their futures. In the first of…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

Strong relationships between parents and education professionals benefit all, especially children with disabilities. Parents of children with disabilities were integral to the development of special education, are their children's best advocate, and are the members of the Individual Education Plan team who know the child the best. As education…

The Individuals With Disabilities Education Act (IDEA) has spawned much litigation in which parents of children with disabilities and school districts disagree over the content of a student's special education. The majority of this litigation has occurred in the federal district courts. The federal court system consists of more than 100 U.S.…

This document has been developed by the New Jersey Department of Education with the assistance of the TA Customizer Project funded by the U.S. Department of Education Charter Schools Program (CSP) and conducted by the National Association of State Directors of Special Education (NASDSE). Its focus is on providing information and technical…

As the parent of a child who has or may have a disability, the federal and state laws give them certain rights--called procedural safeguards. If they would like a more detailed explanation of these rights, they should contact the principal of their child's school, a school administrator, their local special education director, or any of the…

This document describes the steps to solving an issue sent in by a parent. The scenario addressed in this document is one where a parent indicates sometimes his/her child comes home from school and reports that he did not have time to finish his math or reading tests at school. The parent and the teacher had agreed at his Individualized Education…

Children with disabilities have a right to a free appropriate public education (FAPE). Children differ in mental abilities, sensory development, physical traits, emotional or social behaviors, or communication skills. Some may require modification to their school program or special education and related services in order to benefit from their…

Before a child receives special education or related services, he or she must have an evaluation. The evaluation will help determine if a child needs special education. A parent or a member of the school staff may make the request for an evaluation. The child's parent must give consent in writing for the first evaluation. The evaluation will…

Staffings are designed to be problem-solving meetings. In theory, all participants come to a staffing with information, knowledge or general input aimed at designing an effective educational program for a child. However, in some cases, staffings become discordant sessions laced with conflict. In order to avoid this negative outcome, it may be…

When it comes to the legal fight over special education that they have waged for the past seven years, Jocelyn S. and Martin P. Schaffer and their Maryland school district don't agree on much. But the two sides do see eye to eye on this: With the U.S Supreme Court's decision to review the Schaffers' case, the dispute suddenly has the potential to…

Intended for parents, this booklet lists special education programs and services for exceptional children in Michigan, and discusses parent rights in the educational system. Specifically addressed are parents' rights in the referral process, in the evaluation procedures, to an independent educational evaluation, in the Individualized Educational…

Public Laws 94-142 and 99-457 mandate the provision of surrogate parents to represent parentless disabled children in acquiring educational services. Described are the rights and responsibilities of surrogate parents, their role in case conferences and in development of individualized education programs, and the activities of the Indiana Surrogate…

The special education systems in school districts, nationwide, are the starting point for preparing many people with disabilities for the adult world, including the world of work. The federal law governing the obligations of school districts is called the Individuals with Disabilities Education Act (IDEA). Although the IDEA has been amended…

This document was developed to provide a comprehensive, single source of information about the rights and responsibilities of parents of handicapped children and the resources available to them. The first section focuses on why parents should be involved in their children's education and lists seven major reasons for parental participation. The…