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WHAT ARE MY RIGHTS?
As the parent, you have rights under I.D.E.I.A. for the education of your child. You have a right to be informed. You have a right to be invited to ARD meetings and to be a contributing member of that committee.
You have a right to obtain a free and appropriate public education for your child in the least restrictive environment. That means that your child's education must be appropriate to his or her needs. There should be a baseline and documentation about how your child is functioning in school. The education your child receives must be chronologically age appropriate. (Your child should not be listening to nursery rhymes in the 10th grade.) The least restrictive environment means that just because your child has a disability, your child should not be relegated to a self contained room isolated from the remainder of the school UNLESS every other placement has been attempted.
You have a right to researched-based curriculum that has been peer reviewed. Further, you have a right to know what materials and curriculum the school is using. You have a right to participate in your child's education.
The school must provide you with a report card that reflects the child's individual education plan. The report card must indicate how the student is moving toward achieving his or her goals and objectives.
You have a right to have your child evaluated by the school every three years and, if you disagree with the results of the testing, you have a right to an independent educational evaluation, free of charge.
Finally, you have a right to challenge the decisions of the school through an administrative process called a due process hearing. If you do not agree with the decision of the hearing officer who presides over the administrative hearing then you may challenge the decision in federal court. Along with this right, you have the right to have your attorney fees paid for by the school if you prevail at the hearing.
The school must provide you with a booklet entitled, "Procedural Safeguards". That booklet explains your rights in detail. If you have any further questions, please email me at kdseal@sbcglobal.net.
All information contained within this web site is provided for information purposes only and does not constitute legal advice. No attorney-client relationship exists from the use of this web site, and an attorney-client relationship may only be established by contracting directly with Karen Dalglish Seal, Attorney at Law. Intellectual property within this Website are copyrighted and may not be reproduced in any form without the express permission of Karen Dalglish Seal. Licensed by the Supreme Court of Texas. Not certified by the Texas Board of Legal Specialization. |
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