Under the Individuals with Disabilities Education Act (IDEA), there is something called “procedural safeguards.” These are legal protections that protect you the parent and your child during the evaluation and during the IEP process. The school must provide parents with the written explanation of your rights under IDEA. They don’t necessarily state how or what the services should look like in the IEP. Instead, it describes the standards of how you will work together with the school during the special education process in San Antonio.
The Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is a key law that ensures students with disabilities receive proper education. Passed in 1975, it guarantees that children with disabilities have access to free and appropriate public education (FAPE). Schools must provide services and accommodations to meet students’ needs, while keeping them in the least restrictive environment (LRE). IDEA aims to remove barriers to learning, allowing students with disabilities to reach their potential. A central aspect of IDEA is the Individualized Education Program (IEP). The IEP is a customized plan for each student. It outlines specific educational goals, services, and necessary accommodations. Parents, teachers, and specialists work together to create the plan. They review the IEP annually to track progress and make adjustments as needed.
IDEA also promotes inclusion in the classroom. It requires students with disabilities to be educated with their peers in general education settings when possible. This approach encourages social integration and helps students develop essential skills. Some students may need specialized settings, and IDEA ensures they get the right support. The law also strengthens the role of parents. Parents collaborate with schools to create and review the IEP. IDEA provides a system for resolving disputes, ensuring parents have a voice in their child’s education. This law promotes an equitable and inclusive education system for all students.
Frequently Asked Questions About the Individuals with Disabilities Education Act (IDEA)
Who qualifies for services under IDEA?▶
Children between ages 3 and 21 with specific disabilities may qualify. These disabilities include learning disabilities, speech impairments, autism, and more.
What is an Individualized Education Program (IEP)?▶
An IEP is a written plan outlining a student’s educational goals and services. It is developed by a team that includes parents, teachers, and specialists.
How does IDEA support early intervention?▶
Part C of IDEA provides early intervention services for infants and toddlers with disabilities. These services help children develop essential skills before school starts.
Can schools discipline students with disabilities?▶
Yes, but schools must follow IDEA guidelines. They cannot punish students for behaviors related to their disability without proper evaluation.
What is Least Restrictive Environment (LRE)?▶
LRE means students with disabilities should learn in general education settings whenever possible. Schools must provide necessary supports to make inclusion successful.
How do parents request an evaluation for special education services?▶
Parents can submit a written request to the school. The school must respond within a specific timeframe and conduct assessments if necessary.
What happens if parents disagree with the school’s decisions?▶
Parents can request mediation, file a complaint, or seek a due process hearing to resolve disputes.
The Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) protects student education records. Congress passed FERPA in 1974 to give parents control over student information. The law applies to all schools receiving federal funding. Schools must follow FERPA guidelines to protect student privacy. FERPA gives parents the right to access and review their child’s records. Schools must provide records within 45 days of a request. Parents can request corrections if they find inaccurate or misleading information. If a school denies the request, parents can file a formal complaint with the U.S. Department of Education.
When a student turns 18 or enters college, FERPA rights transfer to the student. Schools cannot share student records without written permission. However, FERPA allows schools to disclose records in certain cases. Authorities may access records for safety reasons or legal investigations. FERPA also defines “directory information,” which schools can share without consent. This may include names, addresses, or honors. Schools must inform parents and students about this policy. They must also allow them to opt out of sharing directory information. Violating FERPA can lead to serious consequences. The Department of Education enforces FERPA and investigates complaints. Schools that fail to comply risk losing federal funding.
Frequently Asked Questions About the Family Educational Rights and Privacy Act (FERPA)
Does FERPA apply to private schools?▶
FERPA applies only to schools that receive federal funding. Most private schools do not fall under FERPA unless they receive such funds.
Are law enforcement records protected under FERPA?▶
No. Law enforcement unit records maintained by a school’s security office are not considered education records under FERPA.
Can teachers discuss a student’s performance with other students?▶
No. Teachers must keep student performance private and cannot share grades or personal information without consent.
Can schools share student records with social services or child protective agencies?▶
Yes, in certain cases. FERPA allows disclosure without consent if required by law or in child welfare investigations.
Tips About the Procedural Safeguards During the Special Education Process
Here are some important tips about the safeguards to keep in mind.
- Notice of Procedural safeguards – The school must provide parents with a written explanation of their rights under both the Individual Disabilities Education Act (IDEA) and TX state laws. You will receive this as a printed copy of procedural safeguards notice. Parents can request a verbal explanation if needed.
- Active parent participation – Parents have a legal right to actively participate in meetings regarding their child’s education. That includes requesting an IEP meeting during the special education process at any time.
- Access to school records – Parents have the right to review and request an explanation of their child’s school records and even request corrections to be made if necessary. The Individuals with Disabilities Education Act (IDEA) and the Family Educational Rights and Privacy Act (FERPA) protect these rights.
- Confidentiality of information – The school must protect your child’s personal information. Though, there are some exceptions.
- Informed consent – Prior to the school evaluating your child for special education services for the first time, the school must inform the parent of what the evaluation consists of. Parent must give written consent to allow the evaluation to begin.
- Prior written notice – The school must provide written notice prior to any changes in your child’s special education services. Adding or denying services as well as what they are proposing and the reason why.
- Understandable language – When the school provides written notice, it must be in the language that is understandable to the parent to include their native language.
Learning More About Your Rights Under the Individuals with Disabilities Education Act (IDEA)
We encourage parents to take an active role in understanding their rights under the Individuals with Disabilities Education Act. Brighton Center is always here to answer any questions you may have and to provide advocacy support. Here are some links to help you along the way:
- The Texas Legal Framework for the Child-Centered Special Education Process
- Guidance on Procedural Safeguards Production and Required Dissemination
Brighton’s Special Education Support Services team helps parents of children ages 3 – 8 understand and access special education and support services for their child within the public school system. If you want to learn more about Brighton’s special education services, fill out this form to schedule a free consultation today.
