Adequate Progress

Due Process and Parental Rights

Due Process and Parental Rights

There are laws such as the Individuals with Disabilities Education Act ( 2004) that have put into place procedural safeguards as well as due process that clearly states the parental rights that parents of children with disabilities have. According to nichcy (2010) the federal regulations of the Individuals with Disabilities Education Act (IDEA) implemented procedural safeguards to protect to protect the rights of not only children with disabilities but their parents/guardians as well. In addition the procedural safeguards also “give families and school systems several mechanisms by which to resolve their disputes” (nichcy, 2010).

It is imperative that parents are viewed as equal partners, allowed to not to only listen in on meetings regarding their special education child but actively participate in the meeting and give their consent or not if they chose. With that being said the most notable procedural safeguards according to the Individuals with Disabilities Education Act (IDEA) for parents are as follows

1. Parents have the right to receive a clear, complete and concise explanation of the procedural safeguards.

2. Parents have the right to confidentiality as well as review and inspect all information in the educational records of their child.

3. Parents have the right to get an independent educational evaluation

4. Parents have the right to receive prior written notice concerning meetings regarding their child

5. Parents have the right to give or deny their consent before the school can make any decision or take actions regarding their child

6. Parents have the right to disagree with the decisions the school has made regarding their child

7. Parents have the right to participate in meetings regarding their child.

8. Parents have the right to appeal (nichcy, 2010).

Unfortunately, all though, the procedural safeguards have been put into place by the Individuals with...