How to Use Special Education Caselaw to Get Your Parental Rights

Do you have a child with autism who has just startedSo how do you use these court rulings to help you get
receiving special education services? Has your childyour parental rights:
with dyslexia been receiving services for several1. If special education personnel in your district are not
years, but you feel that they are not making academicallowing you to give input on your child's education and
progress? Have your been frustrated over the factservices write them a letter and tell them that they are
that your school district is refusing to listen to your inputviolating your rights under IDEA, to be part of the team
on what you think your child needs, to benefit fromthat determines services for your child.
their education? This article will be discussing two2. At your child's next IEP meeting write a parent input
different court cases on parental rights, and how tostatement. The parent input statement should be one
use these ruling's to get parental rights that you arepage, and typed if possible, and include what you think
entitled to!your child needs in their education. This parent input
I hear from parents all the time that are frustratedstatement should be brought to your child's IEP
because their school district is refusing to allow themmeeting, shared with school personnel, and attached to
to have meaningful participation, in determining whatyour child's IEP. Remember, that in the Deal case the
special education services and placement their childcourt found that the parent participation must be
needs.meaningful.
There have been many Court decisions about parental3. Check with other parents in your school district and
rights and you can probably find them through asee if they are experiencing the same problem you
search engine such as google.are, with trying to have input in your child's education.
In a couple of the cases the court held that in order to4. If they still refuse, consider filing a state complaint for
fulfill the goal of parental participation in the IEPviolation of IDEA. If other parents in your district are
process, the school district was required to conduct,having the same problem, consider filing a systemic
not just an IEP meeting, but a meaningful IEP meeting,complaint. A systemic complaint means that the school
They also found that parents have a significant role indistrict is violating many parent's rights, not just yours!
ensuring that their child receives a free appropriateIDEA states that parents are members of any team
public education, concerns that parents have forthat determines placement and services for their child.
enhancing their child's education must be considered byThis would be the issue of your complaint to your
the team, and that IDEA grants parents independentState Department or Board of Education. Include a
enforceable rights.copy of your letter and your parent input statement as
These rights which are not limited to certain proceduralevidence that you are trying to have input, and your
and reimbursement related matters, encompass theschool district is refusing to allow you to!
entitlement to a free appropriate public education forBy having knowledge of what the court has ruled in
the parent's child. In other words the rights that IDEAspecial education parental right cases you will be able
gives parents are found to encompass not onlyto effectively advocate for your child!
procedural but also substantive rights.