EDUC 529
Parent Rights in Special Education
 In Kansas, “parent” is defined as: o A natural (biological) parent o An adoptive parent o A person acting as a parent:
 grandparent, stepparent or other relative with whom a child lives
 A person other than a parent or relative who is legally responsible for the welfare of a child. o A legal guardian o An education advocate o A foster parent, if the foster parent has been appointed the education advocate of an exceptional child. o An education advocate (referred to as "surrogate parents" in Federal law) will be selected to act on behalf of the child when parents are unknown, unavailable, or parental rights have been severed.
 Parent Participation o Parents have the right to be part of their child's IEP (Individualized Education Plan) Team.
 The school must make reasonable efforts to make sure that the parents understand what happens at their student’s meetings, and have the chance to participate in their student’s meetings.
 Meetings must be scheduled at an agreed upon time and place.
 Parents should receive 10 days notice of the IEP meetings unless they waive the 10 days.
 Parents should be provided an interpreter for parents in the language they understand.
 If parents are divorced, the school must provide Prior Written Notice (see below) of any proposed action to both parents, even if only one parent has the right to give permission, unless a court order excludes notice to the parent.
 Parents must receive Prior Written Notice (See below) for IEP meetings. This must include:
 the purpose of the meeting
 the date, time and location
 the names and positions of those attending the meeting (at age 14, the student must be invited)
 the right of the parents to invite people who are experts about their child
 Parent's Rights in Special Education o Parents will be given a “Parent’s Rights in Special Education” Booklet which includes the procedural safeguards provided to parents. o This will be presented in the parent’s native language, or will be translated for the parent, if it is unavailable in the parent’s native language. o This will be given:
 Each school year
 At the time of referral or parent request evaluation
 At a first formal objection or due process complaint
 During a suspension that totals 10 days for the current school year. (10 days are the maximum for the school year.)
 Any time a parent requests one
 Prior Written Notice o Prior Written Notice must be provided to parents regarding their child’s:
 identification
 evaluation
 educational placement of their child
 any related services their child may receive through special education o Prior Written Notice will include:
 which action(s) is proposed or refused
 why the action(s) is proposed or refused
 a description of each evaluation procedure, assessment, record, or report the school used as basis for proposed or refused action;
 other option(s) the IEP team considered and why the option(s) were disregarded
 statement of parent’s rights

 resources available for parents to contact to help them to understanding their rights
 if the notice is to inform parents of a planned initial evaluation or a reevaluation, then evaluation procedures that the school plans to use should be described o This will be presented in the parent’s native language, or will be translated for the parent, if unavailable in printed form. o Parents will be asked to sign a form saying that they received and understand this prior written notification.
 Parent's Consent (Permission) o Consent means that you have been given information in a language that you understand and that you agree to the action(s) in writing. o Parent’s consent is required for many special education actions. When consent is required, the school must try to contact you in at least two ways (Ex. Phone and mail) o The actions which require parental consent include:
 An initial evaluation or reevaluation
 To begin providing special education services to a student
 To change a student’s placement (time, place, etc.) by more than 25%
 To add or delete a service
 To bill Medicaid or private insurance for services a student receives
 To excuse an IEP team member from an IEP meeting
 To invite a representative from an outside agency to an IEP meeting o Parent’s consent is not required for the following special education actions:
 Review existing information as part of the student’s evaluation or a reevaluation;
 To give a student a test that all students in the classroom or grade will take o Parents may revoke (cancel) their consent at any time. This must be done in writing.
 Rights for Parents of Gifted Students o Special education services are not required for children who are gifted. Therefore, parents of gifted children may choose to accept whatever special education services are proposed by the IEP team. Once an IEP is written and parents have given consent, schools are required to provide the services in the IEP. o Parents of gifted, or “exceptional children,” have most of the same rights as parents of children with disabilities. A few of the following exceptions are listed:
 There is no discipline protection for students who are gifted.
 Children under 5 years old are not eligible for gifted services
 Exceptional student are not able to take the Kansas Alternate Assessment or Kansas Assessment of Multiple
Measures
 Extended school year services (ESY) are not offered to gifted students
 Student Rights at Age 18 o At age 18, students become responsible for their own educational decisions o Parents are no longer automatically invited to their child’s IEP. However, the student may invite their parent.
Education, K. S. (2011). Chapter 1:Parent Rights in Education (Procedural Safeguards. In The Kansas Special Education Process
Handbook (pp. 1-20). Topeka.
Parent's Rights in Special Education (Procedural Safeguards). (2010, August). Retrieved July 11, 2011, from KANSAS STATE
DEPARTMENT OF EDUCATION: http://www.ksde.org/LinkClick.aspx?fileticket=kg9YTWyOeuI%3d&tabid=2832&mid=8266