You have a right to seek due process if the Individualized Education Plan (IEP) is not being followed.
Stay Put—FREEZE! Provision in IDEA allows your child to remain in his or her current educational environment even during due process or complaints are in session or consideration.
All Information Could be found from:
O’Connor, Sandra W.;Wright, Pamela D.;Wright, Peter W.D. All About IEPs: Answers to frequently Asked Questions About IEPs. Harbor House Law Press, Inc. Hartfield, VA. 2017. 27.
Civil Lawsuit—If you’re displeased as a parent with the outcome of a due process hearing, you have the legal right under IDEA to pursue civil action in a federal court.
Sec. 300.516(a) Civil action
If at any time you feel that your child’s IEP is not being implemented, as a parent you have the right to file a formal complaint to ensure your child’s IEP is followed.
Prior Written Notice
Parental Consent is required before any observation or test of your child, and the results must be explained to the parent.
As a parent, you have the right to have copies of any records and results of tests done for and on your child.
Parent Involvement at Every Stage
As a parent, you are needed at every stage of the Special Education Process, from the determination of eligibility to the creation of the Individualized Education Plan (IEP). As a parent, you could withdraw consent at any time.
A written record of any change to the child’s IEP must be in writing and given to the parents for approval. As a parent, you could disapprove and withdraw consent.
Any record of your child’s disability is mandated by Federal Law to be protected under the IDEA. The IDEA must be followed and adhered to by the Special Education System.
Annual IEP Review
Your child’s IEP must be reviewed at the start of every School Year.
Implementation of the IEP
The IEP must have a specific, definite implementation date.
Signed Consent of the IEP
As a parent, you are NOT required to sign the IEP immediately at the IEP meeting. As a parent, you could request to sign off on your child’s IEP after you’ve reviewed it further. *The IEP must have the parent’s signature before implementation.
Rejecting the Proposed IEP
As a parent, you are given the right to disagree and reject the proposed IEP at any time. *Instead of signing the IEP, a parent can write “I do not agree with this IEP.”
Excellence in Service Providers and Teachers are Required
Your child must be educated by “highly qualified” teachers and service providers at the school, free of charge under the Free and Appropriate Public Education.