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Below is an explanation of your rights as a parent of an exceptional student.  

Parents’ Rights	Key Points	Snapshot	Acronyms
Parental Consent	·       Parents must give permission to test/evaluate a child for special education and related services for the first time (initial evaluation) ·       If the IEP Team (which includes parents) decides the child is eligible, parent must give written permission before the child can receive special education and related services. ·       Parents can withdraw permission but cannot change what happened before they withdrew it (not retroactive).	Parents MUST GIVE CONSENT for: initial evaluations services reevaluation changes in service(s) or placement and CAN WITHDRAW CONSENT AT ANY TIME, but cannot be retroactive	IEP – Individualized Education Plan
Confidentiality of Information	The school/district must not delay parental review of their child’s educational records and must let them review the records before any IEP meeting or due process hearing.  Parents have the right to: ·       Review their child’s education records ·       Ask for an explanation of any records they do not understand ·       Ask for copies if they cannot go to the school to review their child’s records ·       Have someone who represents them review their child’s records.	Parents have a right to examine their child’s education records. Parents have a right to request to have something in their child's record changed or removed.  Parents have a right to add something to their child's record.	IEP – Individualized Education Plan
Prior Written Notice	The LEA must give parents information, written in the parents’ native language before they make or refuse to make any changes in a child's identification, evaluation or placement.  The PWN must clearly explain:  ·       Everything the LEA decided to do or refused to do and why those decisions were made, ·       The other things the LEA considered, but decided against and why it decided against them, ·       All the information used in making the decisions.	Parents have a right to PWN, written in their native language, before they make or refuse any IEP changes.    The PWN must clearly explain actions decided/refused/considered and why and it must Include all information used to make decisions	PWN – Prior Written Notice   LEA – Local Educational Agency (school or district)   IEP – Individualized Education Plan
IEP Meetings	·       IEP meetings are held annually, to update goals and objectives.  ·       Every three years, IEP reevaluations are done to determine if your child’s continued eligibility. ·       Parents are valued partners of the IEP team and contribute to the goals, objectives, present levels, strengths and future vision for their child.	Parents have the right to: ·       Call an IEP meeting ·       Participate in IEP meetings and decision making meetings ·       Excuse (or not excuse) a member of the IEP team from the meeting	IEP – Individualized Education Plan
Disciplinary Procedures	·       A disciplinary removal may be an out-of-school-suspension (OSS), but also includes in-school suspension (ISS) if services are not provided. ·       Any time the school calls and asks a parent to pick up their child before the end of the school day for disciplinary reasons, it counts as 1 day of disciplinary removal. ·       A child with a disability may be removed for disciplinary reasons up to 10 school days in one school year. ·       On the 11th day of removal in a school year, the child is entitled to continue receiving education services and must allow participation in general education and progress toward IEP goals ·       A single removal for more than 10 consecutive school days is an automatic change in placement. ·      Manifestation Determination:  multiple removals totaling more than 10 school days may constitute a change in placement.	A child with a disability may be removed for disciplinary reasons up to 10 school days in one school year. ·       11th day (non-consecutive) may cause change in placement ·       11th consecutive day = change in placement	OSS – Out-of-school Suspension   ISS – In-school Suspension   IEP – Individualized Education Plan
Independent Educational Evaluation (IEE)	·       If a parent disagrees with the school’s evaluation of their child, they have the right to request an IEE provided by someone not employed by the LEA. ·       The LEA can pay for the IEE or file for due process and try to prove to an administrative law judge that their own assessment is appropriate.	Parents have the right to request an independent educational evaluation.	IEE – Independent Educational Evaluation
Unilateral Placement of Children with Disabilities by Parents in Private Schools at Public Expense	·       If a parent enrolls their child in a private school the LEA is not required to pay if the LEA offered FAPE to the student.   ·       The LEA may be required to pay if the placement is appropriate and the LEA failed to provide FAPE ·       The LEA may continue to provide some services through a private school service plan.	An LEA may be, but is not required to, pay for private school placement.	LEA – Local Educational Agency (school or district)   FAPE – Fair Appropriate Public Education
Availability of Mediation	·       Mediation is a zero-cost process focused on resolving disagreements and working toward a solution that satisfies all participants. ·       Parents and/or the LEA may request mediation any time they are unable to resolve a dispute. ·       If the dispute is resolved, the mediator writes an agreement for all parties to sign and it is legally binding.	Parents have a right to request mediation any time a dispute cannot be resolved.	LEA – Local Educational Agency (school or district)
State Complaint Procedures	Parents may file a State Complaint that: ·       Describes in detail what they think the school did wrong. ·       Explains why they think the school’s action violates the law. ·       Proposes a solution or action they would like the school to take to fix the problem. State Complaint Procedures: ·       Filed with the EC division of NCDPI. ·       NCDPI will review complaint. If there are possible violations, they will begin an investigation. ·       If NCDPI finds the LEA failed to provide appropriate services or violated the law, the department will issue a written decision that identifies the violation and outlines how the LEA must correct the violation and ensure the issues do not continue.	Parents have a right to a State Complaint that follows structured procedures.	EC – Exceptional Children   NCDPI – North Carolina Department of Public Instruction   LEA – Local Educational Agency (school or district)
Filing a Due Process Petition	Due Process Petition: ·       Is filed with the Office of Administrative Hearings ·       Triggers a formal legal proceeding in front of an administrative law judge.	Parents have a right to file a Due Process Petition.
Hearings on Due Process Petitions	·       Each side needs an attorney with knowledge of special education law. ·       Disability Rights NC may provide free assistance to parents. ·       While the complaint is pending, the student remains in their current educational placement	Parents have the right to legal counsel from attorneys in special education law.	LEA – Local Educational Agency (school or district)
State-Level Appeals	·       If the parent or the LEA disagree with the judge’s decision in a due process hearing, they may appeal it to an impartial review officer with NCDPI. ·       The review officer will examine the record from the hearing and may ask the parents and the LEA for more evidence and an oral or written argument.	Parents have the right to appeal if they do not agree with the judge’s decision.	LEA – Local Educational Agency (school or district)   NCDPI – North Carolina Department of Public Instruction
Civil Actions	If parents disagree with the review officer’s final decision, they may file a civil action in state court or federal court challenging that decision.	Parents have the right to file civil action.
Attorney’s Fees	·       If the parent wins any portion of their case, they may ask a civil court to order the LEA to reimburse all or some of their attorneys’ fees. ·       Awards for attorneys’ fees are not automatic, and the court will decide whether to award the parents attorneys’ fees and how much of those fees to award. The court may order: ·       the parents’ attorney to pay the LEA’s costs and/or the NCDPI’s costs, if the attorney filed a petition that was trivial, unreasonable, or without any basis. ·       parents and their attorney to pay the LEA/NCDPI’s costs if they filed due process for inappropriate reasons, such as to harass, cause unnecessary delay or increase the cost of the action or proceeding.	Awards for attorney fees are not automatic and court will decide whether, and in what amount, attorneys’ fees may be awarded.	NCDPI – North Carolina Department of Public Instruction   LEA – Local Educational Agency (school or district)