When you attend your child's first Individualized Education Plan or IEP meeting, you may feel overwhelmed.  You have to figure out what an IEP is, collaborate with the rest of your child's IEP team, and advocate for your child.  The last thing that may be on your mind is to try to figure out what your rights are as a parent of a child with special needs.  Either at the beginning or end of your child's IEP meeting, you may receive a booklet that states what your rights are.  At that point, however, you are just trying to understand what the IEP team is trying to tell you (i.e. your child's growth on his or her IEP goals, concerns that you or they may have, etc.).

My Rights as a Parent of a Child with Special Needs 
It is very important as a parent of a child with special needs to understand what your rights are.  The knowledge of these rights will help you advocate for your child as well as have a better understanding about your role in your child's IEP team.  As a parent, you have the following rights:

  • Access to review all of your child's education records that focus on identification (stating that your child is eligible for services) and evaluation results
  • Access to identify the educational placement of your child (i.e. when and where will your child receive services)
  • FAPE, free appropriate public education, will be provided. 
  • Attend your child's IEP meetings.
  • Receive a meeting notices (states when and where the meeting will be held as well as who has been invited to attend). 
  • Obtain an Independent Educational Evaluation (IEE) if you disagree with the results of an educational evaluation (i.e. usually to identify that a child is eligible for services or at a three-year evaluation). **The area educational agency would pay for the full cost of this evaluation.
  • Receive a Written Prior Notice form when activities or decisions have been made by the IEP team that can affect your child's special education services.
  • Request a preappeal conference if you have a dispute with your child's school district or area education agency.
  • Contact your state's Department of Education to file a complaint in regards to a school district and/or area educational agency failure to provide appropriate services (there is a complaint procedure for this situation).
  • Access your child's educational records.