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PARENTs'/GUARDIANs' RIGHTS

There are many sources of information regarding parents'/guardians' rights. Below are listed a few of the websites that can answer some of your questions.

The Parents' Notice of Procedural Safeguards
from the Massachusetts Department of Education that is made available to you yearly by each school district. Click here to view this document in English. This document is also available in other languages at the DOE website see DOE safeguards.

Wrightslaw
This website contains a wealth of information regarding special education, advocacy and parents' rights. Check here to view their information on parents' rights. There are also several books written by Wrightslaw that you may find available in the local Sharon library and are available on sale at the Wrightslaw website as well as other book retailers such as at Amazon.

WHAT ARE SOME PARENTs/GUARDIANs RIGHTS?

To understand the process of determining eligibility for an individualized education plan (IEP) take a look at the outline of steps in the IEP process.

Parents/Guardians have the right to: a convenient scheduling date for a TEAM meeting.
TEAM Meetings do not have to be on a date that has been set by the school. The date must also be convenient to the parent. The school may set aside one day a week as "their meeting days" but if that day is not convenient to you suggest alternative dates/times - that is your right.

Parents/Guardians have the right to: call a TEAM meeting.
You can ask for a TEAM meeting at any time. You may have already attended the TEAM meeting for the year but if you have questions, additional information, new evaluations, additional problems you may ask to have a TEAM meeting scheduled.

Parents/Guardians have the right to: more time for a TEAM meeting.
The school usually allots a 1 hour time frame for the meeting. But if you feel things were not completed or all your questions were not answered within that time frame request that the TEAM reconvene to finish the IEP. Do this right at the end of the meeting.

Parents/Guardians have the right to: request all evaluation reports before the TEAM meeting.
Request copies of the evaluation reports in writing to be made available two school days before the scheduled TEAM meeting. When you sign the consent form to have your child evaluated you can just write on the form a request for the reports to be available two school days prior to the meeting. As long as you request the reports they must be made available before the meeting. This will give you time to read the reports and have any questions ready before the meeting.

Parents/Guardians have the right to understand and/or disagree with the Evaluation Reports that the school presented.
The school must make available someone to explain each of the evaluation reports at the TEAM meeting. If you dispute the evaluation you have the right to request an independant evaluation. Make this request under IDEA (the federal law) if you want the school district to pay for it and you do not want to provide your financial information to determine eligibility. The school has 5 school days to provide in writing acceptance of independant evaluation or a reason why they feel they have provide and full and accurate evaluation. You may have an independant evaluation done at any time and by any evaluator if you choose to pay for it yourself (or through your health insurance).

Parents/Guardians have the right to: tape the meeting.

Parents/Guardians have the right to: have a friend or family member come to the meeting with you for support.

Parents/Guardians have the right to: reject part or all of an IEP
If you as a parent/guardian do not agree with the IEP you do not have to accept it in full. You may reject specific parts of the IEP regarding services or you may reject the placement.
If you accept only parts of the IEP this will initiate the services that you do accept (if an initial IEP or an additional service). If this is not an initial IEP any part of the IEP that you reject will "stay put" from the prior accepted IEP. So if you reject on the new IEP the exclusion of a service such as speech or physical therapy - those services stay in place from the last accepted IEP.

Parents/Guardians have the right to:

I have a specific question that is not answered here.
You can submit your question here. We will try to answer your questions asap or forward your question to someone who can answer you.