- May a parent refuse an initial assessment for possible special education eligibility? Yes, a parent can refuse an initial assessment. However, the school may request a due process hearing. A hearing officer would then decide whether the assessment process should continue (Smith, 2016).
- May a parent refuse the initial provision of special education services? Yes, a parent can deny special education services and the school cannot continue the process. The students should continue to receive interventions and supports in order to meet their academic and behavior needs (Smith, 2016).
- What do I do when the parent will not sign the IEP in disagreement or agreement? A parent can be allowed to take a copy of the IEP home to read and consider before signing the original, either in agreement or disagreement (Feldman & Rosenbaum, 2011).
- What is due process? Due process is fairness under the law. Due process provides parents the right to resolve disputes with the school district through mediation or a due process hearing (Smith, 2016).
- When there is a due process case pending is the school site required to hold the annual or tri-annual IEP team meeting? No, during due process proceedings, students must abide by the "stay put" provision and not change placement (Smith, 2016).
- May parents record an IEP team meeting on an audiotape or with a video recording device? A parent may audio record an IEP meeting as long as the school is given 24 hour notice. The school may also audio record the meeting with 24 hour notice. If the parents deny the school's request to audio record, neither party is allowed to record (Feldman & Rosenbaum, 2011).
- What does the school site administrator or designee do when a parent disagrees with an IEP? Parents have the right to disagree with an IEP. If any member of the IEP team does not agree to the IEP, including the parents, the team must meet again and discuss changes that everyone will agree to (Kemerer, 2015).
- What do you do when a parent asks to have their child removed from special education services? Parents have the right to revoke consent for special education services. Title 34, Code of Federal Regulations, Part 300, (34 CFR) states that parents need to make the request to revoke consent for services in writing. The administration shall then provide written notice that special education services will cease and will then not provide additional special education services (Hudler, 2009).
- What should a school site do when a parent provides a copy of a private assessment or independent educational evaluation (“IEE”)? The IEP team must consider the results of the IEE when creating the IEP (Essex, 2009).
- What is compensatory education? Compensatory education is a supplemental service provided in addition to the student's FAPE when it has been determined that the student's FAPE has been denied previously. The compensatory education could include additional hours, summer services, etc. to make up for the services that were missed (Kemerer, 2015).
- What does “stay put” mean? If a parent disagrees with a school decision related to their special needs student, the "stay put" provision indicates that the special needs student will stay in the last agreed upon educational placement until a full review can be conducted (Kemerer, 2015).
- What is a “Manifestation Determination”? Manifestation Determination is the process used to determine if a student's misbehavior was a manifestation (or result of) their disability (Smith, 2016).
- What are the key elements of FERPA (Family Educational Rights and Privacy Act)? FERPA declares that Parents have the right to access any information about their student, including records, files, and documents. It also prevents the disclosure of personally identifiable information about students to anyone without parental permission (Kemerer, 2015).