8 Parental Rights In The IEP Process | Special Education Decoded

In this episode… we are going to continue down the path of educating parents on the IEP process… specifically, Parental Rights In the IEP Process.
~ For One-On-One Expert Help That's FREE To Start...
specialedresource.com/iep-con...
The shocking reality of our school system is that it’s broken, antiquated, under-resourced, and filled with red tape!
Incredible teachers are leaving in droves, and it’s only getting worse…
It’s this reason we are putting so much emphasis on educating you with the ability to direct your child’s education!
Laws exist to ensure your child receives the education they need to prosper… the only problem is, it takes a trained professional to decipher the cryptic language used in the creation of these laws…
So, my incredible team of experts did the deciphering for you…
Here’s what we will cover today;
8 Parental Rights In The IEP Process
1. Parents Have The Right To Participate
2. Parents Have The Right To Written Notice
3. Parents Have The Right To Consent
4. Parents Have The Right To Access Educational Records
5. Parents Have The Right To Request A Hearing
6. Parents Have The Right To Keep Their Child In Current Placement
7. Parents Have The Right To Mediation
8. Parents Have The Right To Information On Disciplinary Action
By the way… if your child’s school has been extra nasty to deal with, or your child is just sinking further and further behind… Check This Out;
specialedresource.com/iep-con...
Now, for the deep dive into the 8 Parental Rights In The IEP Process.
1. The Right To Participate
~ In All Decision Making Meetings
~ These meetings are backed by FAPE (Free Appropriate Public Education) and include your child’s;
~ Eligibility
~ Evaluation
~ Educational Placement
~ Any Other Matter Pertaining To Their Education
If you feel like the school system has not allowed you to participate properly… comment on this video or reach out to us directly. You are NOT alone if this is happening to you!
2. Right To Written Notice
~ Parents have the right to receive prior written notice for any changes in;
~ identification
~ evaluation
~ educational placement initiated by the school district
3. Right To Consent
~ Supply Consent ONLY With Clear Understanding Of The IEP Team Proceedings
~ Consent Before The Assessment Process
~ Consent Before ANY Changes Are Done To The Program Already In Place
~ Also, Have The Right To REFUSE The Evaluation Or Educational Placement Of Your Child
4. Right To Access Educational Records - Any parent who has a child enrolled in special education and possesses an IEP has the right to;
~ Inspect
~ Evaluate
~ Request Copies
5. Right To Request A Hearing
~ Complaints Concerning The Provision Of FAPE
~ Request Someone To Attend With You;
~ Advocate
~ Attorney
~ Your Child
~ Choice Of Making The Hearing Public
6. Right To Keep Child In Current Placement
~ If You Disagree with proposals presented by the school
~ Your Child Should Remain In Their Current Program
~ Changes only take place Once the disagreement is resolved
7. Right To Mediation
~ Used if disagreements cannot be resolved
~ It’s always recommended to try and work with the school first
~ If not, you may seek voluntary and impartial mediation to help.
8. Right to information on disciplinary action
~ Children in special education have specific rules regarding
~ Suspension
~ Expulsion
~ If these instances are longer than 10 days, an IEP meeting should be called
~ Assess if their disability could be contributing to the misconduct
~ Discuss the potential for alternative placement
Those 8 parental rights in the IEP process simply scratch the surface of the all-encompassing, super-confusing, and very often miswritten document that is the life-blood of special education services.
We’ve created a program that pairs up parents with a one-on-one special education expert to design a learning blueprint specific for YOUR child!
Imagine, walking into your child’s next IEP meeting with a document in hand that spells out exactly what they need AND backed up by special education laws!
Trust me… the IEP team will NOT see that coming! The results we’ve seen with this service have been truly mind-blowing!
The best part? It’s FREE to start!
specialedresource.com/iep-con...
That wraps up our episode on the 8 parental rights in the IEP process…
I truly hope you were able to learn exactly what you can and should expect as a parent throughout the IEP process.
If you have any comments, questions, concerns, or have a suggestion on a topic you’d like to see in an upcoming episode… please either leave a comment or email us directly via the email [e-mail]
From all of us at SpecialEdResource.com
Thank you for watching this episode of special education decoded!
We will see you in the next video

[@marysheffield1733]

You are right the room is tensed with this hurry and get through attitudes by professional.

[@Miracle_0417]

Another great tip is, asking for the evaluation results before the IEP meeting so you know what to except and you can ask better questions with the information from the evaluation.

[@shoachiwarrior]

This is a god sent. I, as a mother and another current parent along with several others I work with need this!

[@angelinavendetti4190]

Thank You

[@Advocate.bettie]

Need a video on rights and services for disabilities that cause the child to miss school i.e. a chronic health issue

[@LoveKills70]

Our child at lawton elementary school in seattle seems to be pick out by staff and Volunteer Pta recess members

[@Beachbby850]

I need help.... my child’s teacher literally verbally attacks me each time I mention concerns about my child’s IEP needs being met. She then sent my family member an email saying because of my choices as a mother, my son will fail. She then accused me of never being available for IEP meetings when I have had email threads that show SHE was the one who kept pushing back, cancelling and rescheduling his IEP meeting for a MONTH. The school doesn’t seem to take my concerns seriously ... I’m always told they will get back to me when they can and I want my child taken out of her class and reassigned.

[@doni4150]

Hey Destinee as a former 28 year Special educator and administrator in a urban city and a African-American mother of three special needs students ( my eldest was Gifted LD age 32) I get it. I wasn’t going to reply however, I noticed that you posted over a month ago with no response. Feel free to DM me on FB or Instagram. I was also a former Union delegate . I got you!.

[@doni4150]

Hey Destinee!

[@robertj992]

What ended up happening? Lol

[@Beachbby850]

@@robertj992 I saved all of her emails when she felt bold enough to start emailing me her nasty comments and sent them over to the board & the school - She’s no longer an educator at his school .

[@Beachbby850]

@@doni4150 I don’t understand the point of people who post these videos when they don’t interact with the audience lol . But thank you! I ended up forwarding her emails to the appropriate department . She’s no longer an educator !

[@trudyletson1264]

i would like more information on this iep experts love your videos i am learning so much

[@ashley.johnson236]

Yes its happening

[@lunacirilo3865]

I have and still am experiencing significant issues with SE , 3/2019 5th grade my son principal and other ARD committee staff decided to place him in another school to attend BMC without my knowledge or participation . Now in 6th grade he remains in FT BMC and now developed manifested behaviors without appropriate intervention , and one consequence was they did not allow my son to attend PE or ART because of behaviors in turn causing another elopement x 3 for the week. So many other issues that after researching find to be violations of his and my rights .

[@Specialedresource777]

Luna, I'm sorry to hear that you have experienced so many issues with your son's school! Have you approached the district regarding your concerns? That would most certainly be one of the best places to try next...

[@laflor6854]

I happened to ask my son about his day last week and he said he’s with a new teacher. This happened right after I sent out some messages to his teachers about ongoing issues including inappropriate touching from a peer. This is still mixed in with teachers giving him Fs all year even when he’s progressing. Today I looked up the teachers name and found out she’s under special education. My son says they eat in the classroom and there are different aged children in there. He’s confused and we are confused. It’s the end of the year and he’s getting placed here without our consent? We’ve had no one reach out at all and explain any genuine concerns. He simply got moved. I will be going in person.

[@ivyb4351]

My child's School violated her IEP four times last year about five times this year where we've had to call meeting special education has called a couple meetings because their findings as well and all special education tells me is you could have a meeting whenever you want to when they're violating I can't afford to have a meeting every couple weeks I have to pay my bills they get paid to go to these meetings I don't it's obvious that they're not following it they say sorry we'll fix this and then a few weeks later it's the same thing how do I get them to abide by it without having a meeting every 3 weeks

[@Specialedresource777]

Ivy, what type of things are happening that violate your daughter's IEP? If you don't feel comfortable typing that here... please email us; [e-mail]

[@suwaynesmith1674]

How do I go about changing my child from a general special class to a aba center I felt like he was doing better at the aba center hes 6yrs

[@ThoughtCriminal.]

My school has three kids only coming half time I quit so I could advocate for parents

[@anavenegas7826]

Virtual Estudies rules for special needs including services like ABA, Speech,OT, APE

[@surgeryqueensrd4518]

My sons school wrote the IEP and accommodations and have violated the IEP and have not adhere to/follow the written IEP. What can I do? How do I file a IEP violation in Virginia?

[@lucindaandresen7360]

Here and how do i find an advocate for my child?

[@sexy3106]

My son has an IEP and already had one a couple months ago. The team doing me dirty being shady, had me to wait for IEP papers and then put things on there I didn’t agree to. I’m not given up anyone opinion on this?

[@rajb9017]

School district pushing on FAPE school which is far and going to cause more struggle for kid and parent. We as in parents are OK with current about hour to fwo support settings but school don't want to continue that . Please help what are our options

[@adrii19176]

I’m going through a lot now with my child I need help please

[@enjoyhomecooking88]

Hi I need help my son school IEP did not listen thay do what they want to. And my sons behavior increased .can you please tell me what to do

[@trudyletson1264]

i have tried to fill out your form and error message keeps coming up

[@dawnnthomas6952]

How do I get your help in my sons IEP

[@ravondalewis-sanon3920]

Hey Luke I could really use your help. Is there any way to get a consult with you?

[@sanaehlimi6470]

I need help please , my child’s school staff is not listening to my concern

[@Whiterabbit-zr1eo]

My son was unenrolled from the school and his IEP was dismissed without my knowledge or consent .so when he went to start school this year I didn’t even find out about him not having a iep anymore until the first teachers meeting. my son come’s home crying about how mean his teacher is because she thought he just had behavioral issues instead of a learning disability. This has affected us greatly. I have a learning disability myself and have a hard time figuring out what to do when no one will help us or explain anything . I have only got the run around and now it’s almost the end of the year , and both my boys are failing and suffering dearly because of the lack of concern. It’s a shame really my oldest is very Close to graduating and he feels it’s a lost cause because his teacher”s don’t care or understand. Then the youngest is about to redo kindergarten for the second time!!! PLEASE HELP me understand how I can help my boys ! Time flys and I don’t want my older son to just give up . Thank you for your time .

[@Whiterabbit-zr1eo]

I also want to thank you for doing these video’s. I have a hard time absorbing what I read, so being able to hear you explain all this is a blessing. Thank you , you are helping so many family’s lost in this educational mess!

[@specialeducation5990]

I do see this is from a year ago but I figure at least some information might help. I also hope your children did get help from their school district! If you have the NORAP there is a special education hotline which would walk you through how to appropriately handle the school district. The first thing that you can do for your children is ask for an evaluation to be done. The school, legally, cannot tell you "no". If the do that is a lawsuit. Call that hotline and they will walk you through what to do about that. It would also be a good idea to google advocates around your location. They can handle the school for you and they are incredibly knowledgeable on all this. They will sit in all your IEPs with you and they will handle any of the paperwork that would need to be done to take the school district to court. It should be noted your school district is going to anything to keep them out of this situation. I hope just some of that is helpful!!

[@One-xm6kj]

How do we contact you??

[@trudyletson1264]

this is happening to me

[@brittneycollette4954]

Do you have advice or a video on wanting to hold the child back? I am fighting with the school, end goal is to close the gap and I want to hold him back (he’s smaller guy, bday in the middle of the school year, he’s immature for his age, doesn’t have friends he would miss if held back). My child will FAIL tremendously out of the current district we are currently in and we should be moving this year to a different state. Advice please!

[@Specialedresource777]

Brittney, we don't have any videos on the topic of holding children back a grade level... mainly because each circumstance is so unique. However, we can most certainly help you through the challenge! Fill out the IEP consultation request and we can get on the phone to talk through the process. I'm so sorry you're experiencing this... just know that you are NOT alone!

[@snyersjddd7030]

They have left me out of the last iep meeting even after 2019 I stated that I am nevertheless be left out of any meeting that has to do with my son. Because I am the only person that has been in every iep meeting from the start. But they went behind my back and changed his iep and Had a meeting without me. Even though they had my email and phone number.

[@robertj992]

Request a meeting with an attorney

[@mistyymichellee]

So what do I do if they didn’t give me prior written notice of the annual iep meeting? I got a phone call the morning of the iep meeting, but that was the only notification I received and it needed to happen by the end of the week. Because of such short notice, my iep team wasn’t able to join and I felt backed into A corner.

[@speedonmodela2109]

A school can not do that and are in violation of state law, although schools will try and skirt the system. They are required to email a formal invitation to all members of the IEP team. The formal invitation needs to include all members that will be attending the meeting, the time, date and location. You have 1 year from the time of infraction to file a formal complaint to your sates Department of Public Instruction. Once you file your complaint the school will be contacted by a case worker/investigator from DPI. Don't allow or tolerate your school violating your rights. File a formal complaint with your state education office. Your school will learn real quick thar you're not going to play their games.

[@elizabethrosenbaum4270]

My daughter school is not showing what my daughter is struggling with wants her to go to inappropriate school.

[@angelinavendetti4190]

I have had federal and police harassment throughout the school and township. If i ask for help they attack my children through friends and employment . they control most outcomes

[@dawnnthomas6952]

Help

[@angelinavendetti4190]

SIGN ME UP

[@satino8082]

I’m getting put in a IEP class after I come back from spring break, but can I legally refuse the IEP class?

[@karelannherkaler7661]

yes, you can refuse, i believe over a certain age, you must check the law in your state/county...but if i were you, I would be greatful for it, as so many children are being declassified and services taken away from them when they need it most...

[@satino8082]

Karelann Herkaler ok thanks

[@satino8082]

Karelann Herkaler I just don’t like being different than others with certainty things

[@monicaw22]

How can I reach out to you? I feel like my son's district devalue my opinions about my son's placement.

[@Specialedresource777]

Monica, I noticed that you filled out the consultation form! We will reach out to you shortly and help figure out what can be done for your son!

[@karelannherkaler7661]

they always do! listen to the attorney for nj special education videos...they always bully and try to make you feel inadequate as a parent, and as a member of the IEP team.

[@meganhutchinson3149]

My child’s school has not kept me in the loop

[@irenehernandez6688]

If I request a attorney or advocate will I have to pay .If so can I be reimbursed.. THANK YOU SO MUCH FOR ALL YOU DO.

[@speedonmodela2109]

Contact your states Department of Public Instruction. They can refer you to attorneys that work for the state and specialize in IEPs and special education. Sometimes their services are free and sometimes there is a greatly reduced rate of payment. Also, your states Education office can provide you with VERY valuable literature that clearly outline your states laws that protect your rights. These booklets also outline what the school is required to do.

[@speedonmodela2109]

You can hire a family advocate too. Those you typically pay out of pocket for. Typically they're around $60/hr. An attorney that specializes in special education is around $250/hr.

[@Empire6u]

My 11yr. EC nephew is emotionally and psychologically disabled. We have implored the school district since second grade that Ethan was falling way behind and we expressed grave concern about him proceeding into the 3rd grade. Nothing we've brought as a grave concern has been ignored. He is now been "transitioned" to the sixth grade and has a 3rd grade academic level. The school district has been incredibly shady, pulling PWN out of their hat that we never received nor in his records. We've been lied to, telling us that they sent three invitations for the "transition meeting" we received nothing. We were informed that these invitations were sent home with our 11yr emotionally, psychologically disabled child. These are legally binding documents. Three invitations, no phone call, no email, nothing but putting the burden of proof on the child. All of this even though we have been to the school twice prior to the transition, expressed our grave concern about him transitioning into middle school, despite all of this we were only aware of this "transition" when he came home and told us both that he was going to 6th grade. He cannot spell, from sentences, paragraphs, his writing is incompressible. His IEP reports always vary and contain information we were never made aware of, data is inconsistent with the data shared with us in his records. There are some many more issues that I can't get it all written out. The district is now trying to push me out of the process (I'm his uncle AND Avdocate) and prey on my sister as they know that she is woefully unaware of the process and the district script and loopholes. I do. was in writing told me that I'm not eligible nor is the district obligated to provide them to me. I have a consent and parental agreement form for the child and complete access to the child's records and all information regarding my nephew signed.... ironically....by the very person who has signed and approved my rights under the consent form. I was informed that only my sister can interact with the district, school and records and they are now engaged in prying into my relationship with my nephew and sister.... "do you and Ethan feel safe around your brother?" They cut her from the heard and manipulate her even though they were informed that all communication was to take place or shared directly with me as well, 3rd party calls shared email and so forth. They are doing everything in their power to circumnavigate me and my role as an Avdocate.... What can I do? Thank you for any help you can help to provide us with.

[@Specialedresource777]

Thank you for submitting this question to us, and I'm sorry to hear about all of the issues you have experienced! I've spoken with a few of our experts regarding the situation you're in. From their perspective, it seems to be 100% school-related and outside of our wheelhouse of expertise. The recommendation that every one of our team has given... is that you need to contact a lawyer or advocate regarding this matter. I'm not sure which state you're in, but I would start with a google search (education lawyer). That will pull up multiple options for you to inquire with. I'm sorry we couldn't be more help with this situation... I genuinely hope you and you're family can get this under control sooner rather than later. Taking the step I mentioned should jumpstart that process for you.

[@karelannherkaler7661]

sadly, the education that they are supposed to receive FREE APPROPRIATE EDUCATION (fape) from the school, you NOW need to pay an attorney to fight for those rights, ESPECIALLY FOR SPECIAL EDUCATION STUDENTS...they have made it so easy to cause us problems and cause us to pay for what they are supposed to give under federal and state laws...

[@karelannherkaler7661]

Basically, if you cannot afford to pay attorneys these days for anything, you shouldnt have a child...that is how the system is breaking it down. so they can line their pockets and not be accountable for spending and how they get rich by using our children's funding and cut education and services...i live in a town where it is like a scene from deliverance...

[@karelannherkaler7661]

if your sister gave you the right and signed for you to attend as an advocate or as her liason for any or all IEP's , they cannot deny you! You need to file a complaint with your state education commissioner and file for a mediation conference in your PRISE booklet (parental rights in special education)

[@ashleykaverman9934]

Can my parents take me out of the iep and special education?

[@karelannherkaler7661]

yes. at any time. but they are your parents and I believe they have the right over you. you must look up the age limit in your state/county. call your county superintendent of schools for this information

[@ashleykellett9141]

I not only have not been able to participate but I am being sued by my District bc I reported the nurse the the state c Board for changing my daughter's IHP WITHOUT MY CONSENT! She made her so sick she lost 10.8lbs in 7 weeks in 2019 but I did not know until this year, I have been sued twice by them. She falsified the records with the teacher. It's a long story. SINCE the pandemic started Peyton has received less than 50 hours of an education and this year less than 20 hours of an education . At our April 7,2022 IEP meeting , ERIC PENALBER, Director over Special Education Livingston Parish, made the statement that the reason He has not given Peyton an education was because of my social media post. I will attach the meeting so that you may listen to it at your leisure. I RECEIVED A LETTER STATING THAT I WOULD BE CHARGED WITH TRUANCY IF PEYTON WAS NOT BROUGHT TO SCHOOL WHEN CLEARLY SHE IS MEDICALLY HOMEBOUND NOT ONLY HAS HER WORLD RENOWNED IMMUNOLOGIST BUT ALSO HER PEDIATRICIAN OF 8 YEARS THE ENTIRETY OF HER LIFE, HER NEUROLOGIST ALSO WROTE A LETTER URGING THE SCHOOL DISTRICT TO GIVE MY DAUGHTER HER GOD GIVEN RIGHT TO LEARN AND BY LAW THROUGH THE IDEA AND THE ADA BOTH . I AM HOWEVER TRYING TO UNDERSTAND HOWEVER WHY A SCHOOL DISTRICT WOULD INCREASE THE STRESS ON AN ALREADY STRESSFUL SITUATION ON A SINGLE MOTHER WITH TWO PROGRESSIVE DISEASES AND STILL FIGHTING CANCER, MAYBE YOU WOULD ABLE TO HELP ME UNDERSTAND THIS , IF YOU WOULDN’T MIND SHEDDING LIGHT ON SOME OF THIS IF YOU ARE ABLE THAT WOULD BE EXTREMELY HELPFUL. THE FOLLOWING INFORMATION I HAVE LISTED BELOW IS ONLY A VERY SMALL GLIMPSE INTO THE LEVEL OF HARASSMENT THAT OUR FAMILY HAS SUFFERED AT THE HANDS OF LIVINGSTON PARISH SCHOOL BOARD . I HAVE COMPLETED A FULL REPORT OVER 285 PAGES AND SUBMITTED IT TO THE FBI FOR COLLUSION, FRAUD,NEGLIGENCE, INTENTIONAL AND WILLFUL INTENT TO HARM THE INFIRMED MEANING NOT ONLY PEYTON BUT MYSELF, AND 4 OTHER CHILDREN WITH EXTENSIVE MEDICAL NEEDS AND WHO ARE CONSIDERED TO BE DISABLED. THE AMOUNT OF MENTAL AND EMOTIONAL HARM THAT HAS COME TO MYSELF, MY CHILDREN ALONE NOT TO MENTION MY SISTER AND HER CHILDREN AS THEY HAD TO MOVE HERE IN ORDER TO HELP ME DUE TO MY DISABILITIES HAVE BEEN IMMEASURABLE. I CANNOT GET BACK TIME . THE MENTAL STRESS HAS CAUSED SO MUCH DIVISION AND MENTAL STRESS ON OUR LIVES THAT THERE ARE NO WORDS TO EXPLAIN TO WHAT STRESS DOES TO MULTIPLE SCLEROSIS AND BILATERAL TEMPORAL LOBE EPILEPSY. I DO NOT SLEEP FOR DAYS AT A TIME AND I HAVE BEEN ADVOCATING FOR MY DAUGHTER FOR SINCE SPRING 2018 WHEN I BEGAN REQUESTING A ONE ON ONE PARA FOR PEYTON TO GO TO KINDERGARTEN AND SHE WAS DENIED AND I WAS TOLD THAT THE “TEAM”DID NOT FEEL IT WAS APPROPRIATE FOR HER. I WOULD LIKE TO SAY THAT HER FIRST YEAR 2017-2018 WAS WONDERFUL AND SHE HAD AN AMAZING TEACHER DANA BAUIR. SHE SAW SO MUCH POTENTIAL IN PEYTON AND PEYTON COULD CALL OUT OVER 18 VISUAL CARDS IN 32 SECONDS. I REPORTED NOT ONLY LIVINGSTON PARISH SCHOOL BOARD TO THE FBI FOR WHAT HAS HAPPENED BUT ALSO SUING ME BUT ALSO FABRICATING LIES ON ME ABOUT ALLEGATIONS THAT WERE CLEARLY FABRICATED WHICH IS FALSELY GIVEN TESTIMONY, AND WHATEVER CHARGES THAT NEED TO BE BROUGHT; The Department of Justice needs to be made aware I am not the only parent this is happening too in this district. There is another mother who was attacked by the school resource officer at Liveoak High School after she caught the Special Education teacher sitting on her daughter and reported her concerns as her daughter is wheelchair bound and she was also not strapped in as mandated by her IEP all of a sudden a story was fabricated about her too. She was then attacked by the resource officer . The disabled child was shipped off to another school rather than the teacher who was doing something against policy. It seems a lot of things like this seem to happen in Livingston Parish. So for now this is where I am going to leave this. Please note this has a formal complaint and please do not close the complaint without going to mediation. The abuse and neglect they have inflicted onto my daughter by these people should and better be prosecuted to the fullest extent of the law and if there isn’t a law then one needs to be made. If there is a law in place to hold parents responsible to keep their children in school then tell me why there isn’t a law in place to hold the schools, personnel , administration, and the district responsible for neglecting her but more importantly the nurse, the teacher, and the ENTIRE ADMINISTRATION IN LIVINGSTON PARISH SCHOOL BOARD ESPECIALLY, ERIC PENALBER, JOE MURPHY, JOE MURPHY, AND STEPHEN PARRILL AND ANY SCHOOL BOARD MEMBERS PAST AND PRESENT WHO HURT MY BABY. My baby also came home with bruises on her those are pictures are I am not willing to share those right now because they are too upsetting but I sent them to Michelle wheeler when the episodes are happening and asked her about what was happening and requested an incident report. As a mom I know things happen and kids can play rough outside or trip and fall on the play ground but after I asked a second time she ignored me . I never heard anything back again; I found out later from another mother whose child was in Peyton’s K4 program her daughter Faith had been hit by a large crawfish paddle named “big red” My daughter was placed in this same teachers class. Our story is so unbelievable and I did place it all in this letter.

[@anavenegas7826]

Virtual Estudies rules for special needs including services like ABA, Speech,OT, APE