Knowing your rights in IDEA

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• What is IDEA?

  IEPs are covered by a federal law called the Individuals with Disabilities Education Act, or IDEA. This law applies to all public schools in the U.S., including charter schools.

  If your child qualifies for an IEP, you’ll work with the school to develop annual goals and monitor your child’s progress throughout the year.

  It’s also important to know that most kids who have IEPs spend most of their day in general education classrooms. By law, IEPs need to keep kids with their peers as much as possible.

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• Your rights in the IEP process

  Legal paperwork can feel overwhelming, but you don’t have to know every detail. IDEA gives you a set of basic rights called procedural safeguards. Here are some of the most important ones:

  • Procedural safeguards notice: The school must provide you with a written explanation of your rights under both IDEA and your state’s laws. You’ll get this as a printed procedural safeguards notice. You can also ask for someone to explain it to you.

  • Parent participation: You have a legal right to participate in meetings about your child’s education, including IEP meetings. You can even call an IEP team meeting at any time.

  • Access to education records: You have the right to see and get an explanation of your child’s school records. You can also ask for corrections. These rights are protected by IDEA and the Family Educational Rights and Privacy Act (FERPA).

  • Confidentiality of information: The school must protect your child’s confidentiality. This includes personal information, such as your child’s name, address, social security number, and other personal details.

  • Understandable language: When the school provides written notice, it must use language that’s understandable to the general public. The notice must also be in your native language or in a format you can use, like Braille.

  This guide has more information about important legal terms and rights, including school discipline protections and what to do if you and the school can’t agree on your child’s IEP.