Your Rights
Due Process
Due Process refers to procedures that, by law, are used to ensure that children with a disability’s rights to a Free Appropriate Public Education (FAPE) as well as rights to be involved and have a full understanding of that process. Due process assures that parents have:
The Right to Have a Parent Member at the IEP Meeting
Parents have the right to request a certified Parent Member attend the IEP meeting. Parents must ask for it at least 72 hours before the scheduled date of the IEP Meeting.
The Right to Participate
Parents have the right to take part in decision-making through attendance at meetings and other involvement where parents can share their point of view. This includes the right to:
- Bring other people to meetings who have knowledge or special expertise regarding your child.
- Have meetings scheduled at a time that works for everyone- especially the parent.
- Have an interpreter, if you need one. Just inform the IEP team. At your request, an interpreter will be provided.
The Right to Be Fully Informed
Parents must be notified, in their preferred language or mode of communication, of parental rights in the educational decision-making process. There are times when parents will be asked to provide consent. Providing consent means that the parent:
- Have been fully informed about the action for which they are giving consent.
- Understand and agree in writing to that action and that the notification includes what, if any, records will be released and to whom.
Translation and Interpretation for Parents
Parents should speak with their IEP team if they would like an interpreter at your child's IEP meeting, or if they would like a translation of your child's IEP, assessments, or notices.
Consent
Consent is voluntary on the parent's part and parents may withdraw consent at any time. The withdrawal of consent does not undo an action that has occurred after parents gave their consent and before the parents withdrew it.
The Right to Challenge
Parents have the right to challenge school decisions made regarding their child. Parents can request:
Mediation: A mediator helps parents and the school or district work out disagreements about their child’s education plan. Find out more about Mediation at the Mediation Page.
Impartial Hearing: An impartial hearing officer listens to both sides of the disagreement and decides what, if anything, went wrong and how to fix it. Find out more at the Impartial Hearings page.
The Right to Appeal
- Parents have the right to appeal the decision of an Impartial Hearing Officer. This appeal is made to the Office of State Review.
- Parents can also ask for the court to review the State Review Officer’s decision.
- Parents may also oppose appeals made by the DOE.
Additional Information on Appeal decisions by Hearing Officers or the State Reviews Officers can be found on the Office of State Review page.
For more information on parental Due Process Rights, read the Procedural Safeguards notice: