A legal rights reference guide for parents, based on landmark special education court decisions

Program Development Rights

Based on Board of Education v. Rowley & Endrew F. v. Douglas County

• [ ] The IEP is individually tailored to your child's unique needs
• [ ] Goals are appropriately ambitious for your child's circumstances
• [ ] The program is designed to enable meaningful educational progress
• [ ] Academic goals are grade-level appropriate when possible
• [ ] Goals are measurable and progress can be tracked objectively
• [ ] Previous goals have been reviewed and updated (not simply copied)
• [ ] The program offers more than minimal/trivial educational benefit

Placement & Inclusion Rights

Based on Brown v. Board of Education principles

• [ ] Your child is educated with non-disabled peers to the maximum extent appropriate
• [ ] Removal from general education only occurs when absolutely necessary
• [ ] The school has considered supplementary aids and services for inclusion
• [ ] Placement decisions are based on your child's needs, not:
  • Convenience of the school
  • Category of disability
  • Configuration of service delivery system
  • Availability of staff
  • Administrative convenience

Behavioral Support Rights

Based on Honig v. Doe

• [ ] A functional behavioral assessment has been conducted if needed
• [ ] A positive behavioral intervention plan is in place if needed
• [ ] Discipline procedures follow special education guidelines
• [ ] "Stay put" rights are preserved during disputes
• [ ] School has proper procedures for removals beyond 10 days
• [ ] Behavior interventions are proactive, not just reactive

Procedural Rights

Based on Schaffer v. Weast and other cases

• [ ] You received notice of meetings in advance
• [ ] You were invited to participate in all IEP decisions
• [ ] You received copies of all evaluations before meetings
• [ ] You understand your right to:
  • Request evaluations
  • Disagree with evaluations
  • Obtain independent evaluations
  • Access educational records
  • File complaints
  • Request mediation
  • Request due process hearing

Documentation & Progress Monitoring

Essential for enforcing rights established in multiple cases

• [ ] You receive regular progress reports
• [ ] Progress monitoring data is available upon request
• [ ] Changes to IEP are documented in writing
• [ ] Communication with school is documented
• [ ] You maintain copies of:
  • All IEPs
  • Evaluation reports
  • Progress reports
  • Correspondence
  • Meeting notes

Services & Implementation

Based on various court precedents

• [ ] All services are clearly specified in the IEP
• [ ] Service frequency and duration are clearly stated
• [ ] Modifications and accommodations are specific and measurable
• [ ] Staff responsibilities are clearly assigned
• [ ] Implementation timeline is specified

Parent Action Items

• [ ] Keep a communication log
• [ ] Document concerns in writing
• [ ] Request progress data regularly
• [ ] Review IEP drafts before meetings
• [ ] Bring support person to meetings if needed
• [ ] Know your procedural safeguards