The evidence is clear and consistent: When more effective by... strengthening the
schools and families work together, student learning role and responsibility of parents and
and outcomes improve.1 So do children’s attitudes ensuring that families ... have eaningful
toward school, their social skills and behavior, and opportunities to participate in the
the likelihood that they will take more challenging education of their children at school
classes and pass them.2 This holds true across and at home.4
families of all economic, ethnic/racial, and
educational backgrounds—and for How does IDEA ensure that families have
students of all ages.3 meaningful opportunities to participate?
That will be the focus of this Q&A—
Given the power that family the solid foundation IDEA provides
involvement has to influence how for parental involvement. The Q&A
our children achieve in school and in concludes with a Resources section,
life, it’s not surprising that the nation’s to connect you with information
special education law, the on parent involvement, including
Individuals with Disabilities current efforts to build strong
Education Act (IDEA), strongly partnerships between schools
supports parents’ right to be Table o off
Con ten
Con ts
tent and families.
involved in the special
education their child receives. A—Parental Rights to 2 We’ve used the word “you” to
As IDEA states: Participate, Summarized speak directly to parents and
families, but the details of
Almost 30 years of B—Parent Notification 3
IDEA’s requirements will also
research and experience C—Parent Consent 7 be useful to education
has demonstrated that the professionals working with
education of children with D—Resources of More 11 children with disabilities and
disabilities can be made Information their families.
April 2
April 009
2009
National Dissemination Center for Children with Disabilities
1825 Connecticut Avenue N.W., Suite 700 • Washington, DC 20009
§—Spe
§—Spe cial SSymbols
pecial ymbols in This Q&A Footnotes
ootnotes
As you read the explanations about IDEA’s 1 Henderson, A.,T., & Mapp, K.L. (2002). A new
requirements, you will find that many are wave of evidence: The impact of school, family, and
footnoted. These footnotes are provided to lead community connections on student achievement.
Austin, TX: Southwest Educational Development
you to research supporting the discussion in
Laboratory. Available online at: www.sedl.org/
question or to refer you to specific sections of connections/resources/evidence.pdf
the Federal regulations, such as §300.1. (The §
symbol means “section.”) These references to
2 Ibid.
IDEA will help you locate the precise sections in 3 Ibid.
the Federal regulations that address the issue 4 Section 601(c)(5), Findings, Public Law 108-446,
being discussed. The Individuals with Disabilities Education
Improvement Act of 2004. Available online at:
For example, many of IDEA’s requirements for www.nichcy.org/Laws/IDEA/Documents/PL108-
parental participation are found in §300.300. 446.pdf
This reference tells you that, if you wanted to 5 §300.501(b)—Opportunity to examine records;
read the exact words the regulations use, you parent participation in meetings.
would look under Section 300.300 of the Code
of Federal Regulations (CFR) for Title 34
6 Ibid.
(sometimes referred to as 34 CFR). While the 7 §300.306(a)(1)—Determination of
CFR is available in many libraries, a searchable eligibility.
version of IDEA’s regulations is available online 8
§300.321(a)(1)—IEP Team.
at: 9
§300.322(c)—Parent participation: Other
http://idea.ed.gov/explore/view/p/
methods to ensure parent participation.
%2Croot%2Cregs%2C300%2C
The Department’s model form is 47 pages • when the school system receives the first due
long—true testament to how comprehensive the process hearing complaint in a school year;
procedural safeguards notice is intended to be. Its
• when the school system receives the first State
purpose is also clear: to ensure that parents know
complaint in a school year;
their specific rights and recourses under the law and
that they understand those rights and recourses. • if your child violates a code of student
conduct and is subject to a disciplinary change
9. Will the school sy st
syst em aut
stem oma
automa tically send me
omatically of placement by the school; and
the proc
proceedur al saf
dural eguar
safeguar ds notic
eguards noticee, or do I ha
havve
• when you ask the school to provide the
to ask ffor
or it?
procedural safeguards notice.28
The school system will automatically provide
you with this important description of your rights
under IDEA. Specifically, the law requires that the
procedural safeguards notice be provided to you, as
parents, only once a school year and at these other 27 §300.504(c)—Procedural safeguards notice:
times: Contents.
28
• when your child is first referred for evaluation §300.504(a)—Procedural safeguards notice:
or when you ask that your child be evaluated; General.
• detailed records of
Being notified by the school system about telephone calls made or
meetings and other actions regarding your child’s attempted and the
education is a critical aspect of your right as a parent results of those calls;
to be involved in that education—but not the only
critical aspect. At certain times and for specific
things, you also have the right to give or refuse your
parental consent. Let’s take a look at how IDEA
29
defines parental consent and when the school §300.504(b)—Procedural safeguards notice:
system must ask for (and receive) your consent. Internet Web site.
30
Consent within IDEA means that you, as parents, §300.9—Consent.
have been fully informed of all information that’s 31 §300.300(a)—Parental consent: Parental con-
relevant to the activity for which your consent is sent for initial evaluation.
being sought and that you agree to the activity in
writing.30 The school system will use prior written
32 §300.300(b)—Parental consent: Parental con-
notice to inform you fully. Prior written notice, sent for services.
you’ll recall, must include a comprehensive 33
§300.300(c)—Parental consent: Parental consent
description of the activity the school system is for reevaluation.
12. Wha
hatt if I don
don’’ t giv
givee m
myy cconsen
onsen t?
onsent? Confused about when a school system
may attempt to override a parent’s lack
There are two ways in which a school system of consent? We’ve summarized the matter in the
would not obtain your consent for a proposed chart on the next page.
action:
Once you revoke Matter on which parental For children Is consent override
consent, your child will consent is sought but who are... an available option
be no longer receive the lacking for schools?
services and supports
Initial evaluation or in public school Yes*
reevaluation of the child
39
§300.300(d)(3)— in private school No
at parents’ expense
Parental consent:
Other consent
being home schooled No
requirements.
40 §300.9(c)—Consent. Initial provision of in public or private No
special education school or being
41
§300.300(b)(4)— and related services home schooled
Parental consent for
services. * Schools may use IDEA’s consent override procedures, but only to the extent that
doing so does not violate State law regarding parental consent.
We’ve touched upon a host of parental rights • Placement Issues (Web pages)
and responsibilities in this Q&A, all of which are www.nichcy.org/EducateChildren/placement/
intended to ensure that you, as parents, have the Pages/default.aspx
opportunity to take part in the educational • All about the IEP (Web pages)
decisions that are made for your child with a www.nichcy.org/EducateChildren/IEP/Pages/
disability. We’d like to end this Q&A with a starter default.aspx
list of resources of additional information. We hope
you find them helpful as you meet with, and work • Developing Your Child’s IEP (28 pages)
with, the school system responsible for making a www.nichcy.org/InformationResources/
free appropriate public education available to—and Documents/NICHCY%20PUBS/pa12.pdf
successful for—your child.
Technical Assistance A LLIANCE for Parent
TA&D Network!
Centers!
The Office of Special
The Alliance is also a center within the TA&D
Education Programs
network. It serves as a resource hub for the six
(OSEP) at the U.S. Depart-
regional Parent Technical Assistance Centers, who in
ment of Education funds a
turn assist the PTIs and CPRCs throughout the U.S.
network of 40+ centers to
Great place to identify your State’s PTI and CPRC
help States, school systems, and families implement
and to find parent materials! Dive in, at:
IDEA and improve educational results for children
www.taalliance.org/
with disabilities. This network—called the TA&D for
technical assistance and dissemination—is one of
CADRE!
your best sources of disability-related and special
We’ve already mentioned CADRE, the Center for
education information. That’s why we’ve listed the
Appropriate Dispute Resolution in Special Educa-
TA&D network first! See the entire network and find
tion as your source of information on IDEA’s
out who offers publications or services relevant to
dispute resolution options, especially mediation.
your interests and concerns, at:
CADRE is also a member of TA&D. Visit, at:
www.rrfcnetwork.org/content/view/137/192/
www.directionservice.org/cadre/index.cfm
NICHCY!
Want more on parent participation?
The National Dissemination Center is a part
of OSEP’s TA&D network. Here’s a starter list of
• National Coalition on Parent Involvement in
information for families at NICHCY.
Education (NCPIE), www.ncpie.org/
• Categories of Disability under IDEA (6 pages)
• National Parent Teacher Association (PTA)
www.nichcy.org/Disabilities/Categories/Pages/
www.pta.org/
Default.aspx
• Parent Involvement Matters
• Questions Often Asked by Parents About Special
www.parentinvolvementmatters.org/index.htm
Education (16 pages)
www.nichcy.org/InformationResources/
Documents/NICHCY%20PUBS/lg1.pdf
NICHCY thanks our Project Officer, Dr. Judy L. Shanley, at the Office of Special Education Programs (OSEP),
U.S. Department of Education, for her very thorough review and many helpful suggestions. We’d also like to
send a special thanks to the Office of Policy and Planning, at OSEP, for their involvement and fine-tooth-
comb review to ensure this document’s consistency with the requirements of IDEA 2004.
Parent Participation:
Q&A on IDEA, 2009
This publication is copyright free. Readers are encouraged to copy and share it, but please credit
NICHCY, the National Dissemination Center for Children with Disabilities.