Rights and responsibilities

Family involvement is a federally mandated component (IDEA, 2004) in the development of secondary transition plans for adolescents with disabilities in their change from adolescence to young adults. Many families do not realize how critical they are in the secondary transition process. Without the support of their families these emerging adults with disabilities often fail and fail at alarming rates. Although there is an abundance of information on the rights and roles of families, sometimes it falls to special education teachers to make sure families know and understand their rights. With this knowledge families can have a better awareness of their roles and responsibilities in the secondary transition planning process.

The Individual with Disabilities Act (2004) provides substantial guidance to the rights parents with children who have disabilities. This continues an approach to parental involvement based on previous legislation and reauthorizations – Education for All Handicapped Children Act of 1975, IDEA (1990, 1997 & 2004). The rights of parents of children with disabilities include the following:

A free appropriate public education for your child with a disability.
Request an evaluation if you think your child may require special education services and get an independent evaluation if you disagree with the evaluation obtained by the school.
Receive notices in writing whenever the school proposes an evaluation to determine eligibility, a reevaluation, change of placement and/or refusal of the school to your request for an evaluation or change in placement.
Informed consent ( an understanding of what is going on and why). Your consent is voluntary and may be withdrawn at any time.
Request a reevaluation of your child at any time.
Tape record meetings
Request translations if English is not their primary language

Have your child tested in the language he or she knows best. Students who are blind or visually impaired have the right to have the tests provided in Braille or large print, or to have the test read aloud.
Access to, inspect, review and receive an explanation of your child’s educational records, if you feel that some information in your child's records is inaccurate or misleading or violates your child's rights, you may request that the record be changed. If the school refuses, you have the right to request a hearing, or you may file a complaint with your state education agency.
Be fully informed by the school of rights that are provided to you under the law and procedural safeguards that the school must follow to ensure that the rights of all are protected.
Participate in the development of your child's education plan and participate in all individual education plan decisions or any other decision regarding your child. The school must make every possible effort to notify you of the IEP meeting and then arrange it at a time and place that is convenient for both you and the school. The school is responsible for reviewing this plan at least once each year, but you have the right to request an IEP meeting at any time during the school year.
Be part of the decision making process about what goals should be included on the IEP, what related services the child should receive, and where he/she should be educated (Least Restrictive Environment)
Be kept informed about your child's progress, by means such as periodic report cards, at least as often as parents of children who do not have disabilities.
Refuse to consent to decisions about their child's classification, evaluation or placement

Refuse to sign an IEP document (parents have 10 school days to think about the IEP before signing)
Request mediation as a way of resolving differences
Request an impartial due process hearing

(ERIC EC Digest #E575, Rights and Responsibilities of Parents of Children with Disabilities, Knoblauch & McLane, June 1999)

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Minnesota State Statutes have a section regarding parental involvement which defines parents of children with disabilities rights in Minnesota. The section of the Minnesota Statute specifically addressing parental involvement follows:

Minnesota Rules, Table of Chapters

Table of contents for Chapter 3525

3525.0700 PARENTAL INVOLVEMENT.

Parents of pupils with disabilities have a right to be involved by the school district in the education decision-making process by participating or being afforded the opportunity to participate at each IEP meeting to develop, review, or revise the IEP. At the time of contact, the district shall inform the parents of their right to bring anyone of their choosing to accompany them to the meeting. The district shall inform the pupil's parents about the alternatives and methods of instruction as described in Minnesota Statutes, section 125A.05.

STAT AUTH: MS s 120.17; 121.11; L 1994 c 647 art 3 s 23; L 1999 c 123 s 19,20

HIST: 14 SR 281; L 1991 c 265 art 3 s 38; 19 SR 2432; L 1998 c 397 art 11 s 3; 26 SR 657

Current as of 01/31/05

If you are a family member or professional (or both), these rights help you understand what to expect and what to do in meeting the needs of adolescents with disabilities in the transition planning process. The key point is parents have the right to be involved in the development of the transition plan. It is not a solitary endeavor by the school district to be imposed on others. The intended outcome is for the transition planning team to communicate and collaborate in the development and implementation of a transition plan. This will provide a better opportunity for a successful outcome for those entering their young adult years.

In the 'Interesting Internet Links' section below - there are several URL's for more information about parent rights.

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Roles and Responsibilities of Families of Adolescents with Disabilities

The role of parents/families of any adolescent is a challenging task. There are literally hundreds of 'help books', talk shows, and other interventions on this topic for parents of adolescents without disabilities. When you add disability issues into the equation, the role of the parent/family may become less defined and certainly more challenging. Professionals have often 'taken charge' of a child with a disability from an early age. This may have led parents to believe they may not have the skills or knowledge to participate in the educational planning process as an equal partner. The question becomes what is the role of the parents/families in the secondary education transition planning process?

The role of parents/families with an adolescent with a disability is similar to any other parent of an adolescent. A parent/family member assists their adolescent in learning skills that will be used into adulthood, mentoring, advising, and being a role model. This role includes advocacy and empowering their adolescent to become self-determined and a self-advocate. However, it remains that no one else knows their child like the parents or family members - so this leads us to parental responsibility.

Parents’ responsibilities in the special education process are more ambiguous than their rights. Their responsibilities are also contingent on a number of factors specific to their individual family. Parents or family members can and should take responsibility in the special education process. Several suggestions include keeping accurate records of any questions and comments that they may have about their adolescent with a disability. It is important to write down important information regarding meetings, time and date, persons involved in the discussion and phone conversations as well. Discuss with the school any problems that occur in the educational process of their adolescent, this includes assessment and placement issues. Ask how you can be involved in the regular school activities. Ask for more information on any aspect of the program you do not understand. Share relevant information about your adolescent. Monitor your child’s progress and ask for a report if you do not get them. Join a parent group at your school and/or a support group for support and to share information.

For transition aged youth, it is important for parents/family members to remain or get involved in the special education process. The school has a responsibility to provide transition planning and services to meet the needs of youth with disabilities. Parents/family members need to remember their involvement is what makes the difference between success and failure. The question of course is how to engage parents/families who are not involved and maintain those that are. In the transition years, more than any other time adolescents as well as families may be scared of the future and what may happen to their child after high school. Many schools in general have not maintained a good relationship with families in the elementary years so when asked to participate at the secondary level, many parents refuse to do so. Just as in general education, parent involvement declines. So the challenge is obvious to school personnel and other professionals - how do we engage families in the special education secondary transition process? In the next sections of this module communication, collaboration with families and strategies to increase family involvement would be discussed.

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Suggested Activities

Contact your local special education director for information regarding parental rights and procedural safeguards.
Locate several national organizations specific to a disability for more information - there may be a local or state chapter.
Locate your parent information and training center that is mandated by federal law for each state.
Talk with parents about how what they know about their rights, roles and responsibilities in the special education process.
Start a parent support group
Communicate with other professionals and other parents/family members to keep in touch with what is going on in your school.
Write a 3-5 page essay on the importance of parent rights and responsibilities to the secondary transition planning process.
Discover a website that provides definitions for all the acronyms used in special education and related services (they are out there!).

(ERIC EC Digest #E575, Rights and Responsibilities of Parents of Children with Disabilities, Knoblauch & McLane, June 1999)

Interesting Internet Links

Minnesota Department of Education Due Process links

Leap Frog Rights

Advocacy Resources

ERIC Digests (Education Resources Information Center) - Web: http://www.ericdigests.org

National Information Center for Children and Youth with Disabilities - Web: http://www.nichcy.org

Reading Resources about Family Rights and Roles

Understanding the special education process (FAPE).

Minnesota Department of Education : Rights of Participants in Dispute Resolution.

Austin, J. F. (2000). The role of parents as advocates for the transition rights of their disabled youth.

Disability Studies Quarterly, 20 (4).

Quiz

Why is it important for parents/families to understand their rights in the individual education planning process (i.e., transition planning)?
Explain the roles & responsibilities of parents/families in their adolescents secondary transition educational experience?
What federal and state regulations ensure the rights of parents/families of adolescents with disabilities in the secondary transition planning process?
Why is parent engagement in secondary transition education so critical?
Why might it be important for parents/families to keep records of their interactions with the school in the special education process?

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