Parents must always remember an IEP is a legally binding document. Should a parent move their child to another city or state, his/her next IEPT should be able to read the contents of the IEP and fully understand who this child is and every component of the his/her IEP. In addition, a mutually-respectful partnership between parents and school personnel (and school district) is always helpful to the development and completion of a child’s IEP. Still, there will be times when the child’s parents and school officials cannot reach consensus on what constitutes a free appropriate public education (FAPE). When disagreements occur, parents and school districts can turn to the dispute resolution options embedded in the IDEA 2004 procedural safeguards (1) a written complaint to a state educational agency, 2) mediation, 3) due process (includes the resolution process embedded in the reauthorization of IDEA 2004), 4) a written complaint to the Office of Civil Rights.
Finally, as mentioned earlier, not all students will be found eligible for special education and related services. When a MET finds a student ineligible, a parent can request an independent education evaluation at public expense (IEE) and challenge the decision through a due process hearing. Students can also be found eligible for accommodations and modifications through the design and implementation of a Section 504 Plan.
Plain and simple, special education is complex. The IDEA 2004, while designed to provide children with disabilities, a free appropriate public education (FAPE), can be daunting to parents both in language and implementation. There are resources available for parents to access in order to learn more IDEA 2004 and all areas and components of special education. A good start is always, www.nichcy.org (National Dissemination Center for Children with Disabilities) and www.wrightslaw.com (Pam and Pete Wright are nationally recognized experts in the area of special education. Their website, books, and training sessions are invaluable.). In addition, parents can plug “IDEA, special education, or their child’s area of disability, into a search engine and a host of websites and reading materials will be available.