So, the school has decided that your child qualifies for special education services and needs an Individualized Education Plan (IEP). You’re probably wondering what role (if any) you’re supposed to play in this process. On the one hand, it’s natural to feel like you should be involved— after all, no one knows your child better than you do! — but on the other hand, many find themselves overwhelmed by the jargon involved in special education. A parent might feel that they don’t have the time or knowledge to have an influence on their child’s education.
However, there is no need to fear. The law requires the school district to inform you of their recommendations. This means they must cooperate and help make sure that you’re able attend and understand the IEP meeting. This looks different in practice from parent to parent. It may be as simple as scheduling the meeting during a time when you are able to participate. It may also be as complicated as providing an interpreter to a parent who is deaf.
The school district must do their best to accommodate your needs. However, there are situations where the school is allowed to hold an IEP meeting without a parent being present. For example, the district is permitted to hold the meeting without you if you are not able to attend (or simply refuse to) despite the school’s attempts to make it work.
You must also give the school your permission before they can move ahead with their recommendations. This permission is what is known as “informed consent.” Informed consent is consent given by a party informed about the issue in question. Basically, the school must explain the services they recommend and make sure you agree with those services.
The law that requires the school to meet these criteria is known as IDEA (the Individuals with Disabilities Education Act). IDEA is a 1975 law intended to ensure that disabled children receive a “free and appropriate public education” (FAPE). The best way to ensure a student receives a FAPE is to understand and address the child’s individual needs. The help of the parents is important in this process.
As with any law, IDEA is complicated, and there may be exceptions to any of the above. The best way to deal with a tough problem related to your child’s IEP is to obtain legal counsel.