Building for Success:

Parental Rights

and Conflict Resolution

Illinois Statewide Technical Assistance Center for Parents

An Illinois State Board of Education system of support

877-317-2733

www.pepartnership.org

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After this training you will be able to represent your child’s

interest through an understanding of:

1) The Illinois Education Support System.

2) Your rights to be an equal partner in your child’s

education.

3) Achieving consensus at the IEP meeting and

available methods for dispute resolutions when

agreement is not reached.

Today’s Objectives

Illinois Education

Support System

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Our challenge is not only to

prepare children for school,

but to prepare schools for

children.

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Individuals with Disabilities Education Act

IDEA defines “special education” as:

specially designed instruction

at no cost to parents,

to meet the unique needs of a child with a disability, including-

A) instruction conducted in the classroom, in the home, in

hospitals and institutions, and in other settings; and

B) instruction in physical education.

Special Education Is

20 U.S.C. 1401 (29)

Closer look at IDEA

The Individuals with Disabilities Act (IDEA)

is a law ensuring services to children with

disabilities throughout the Nation. IDEA

governs how states and public agencies

provide early intervention, special education

and related services to eligible infants,

toddlers, children and youth with disabilities.

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Illinois Support Structure

www.is-tac.org

The Parent Mentor

Project Grant

The Parent Liaison

Program

www.isbe.org

www.pepartnership.org

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The ISTAC-Parents/Parent & Educator Partnership

provides parent-to-parent guidance by providing:

Support, training, and parent leadership development

The Parent Mentor Project

The Parent Liaison Program

Development of School, Family, and Community Partnership

Lending library

Online resource search

Quarterly e-Newsletter

Toll-free number, 877-317-2733

Website: www.pepartnership.org

About Us: ISTAC-P

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The Parent Mentor Project

An initiative of the Illinois State Board of Education (ISBE), which is grant funded.

Assists parents of children with disabilities, in partnership with local school district personnel, to effectively navigate the educational system.

Each local parent mentor grant site is a collaboration among agencies, such as, school districts or special education cooperatives and not-for-profit parent or disability groups.

Facilitator, not an Advocate.

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The Parent Liaison Program

An initiative of the Illinois State Board of Education (ISBE), which is not grant funded.

Liaison is a parent of a participating child (either IDEA or Title I).

Assists parents of school-age children in partnership with local school district personnel, to effectively navigate the educational system.

Serves as a connection between families and education personnel to foster positive parent and professional teamwork, providing a family perspective.

Facilitator, not an Advocate.

Mentors and Liaisons Services

Provide resources

(websites, books, etc…)

Assistance with IEP

meeting preparation

Able to attend IEP Team

meetings as requested

Help parents navigate the

special education process

Consultations

Provide Trainings

on IDEA

Collaborate with support

services

Promotes parent and

educator partnership

through collaboration

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Parents Rights

as Equal Partners

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“When schools and families work together, a partnership

of support for children develops. Education becomes a

shared venture, characterized by mutual respect and

trust in which the importance and influence of each

partner is recognized. Although children, families,

teachers, and schools benefit individually, their

partnerships enhance the entire process of education.”

Rebecca Crawford Burns “Parent Involvement: Promises, Problems, and Solutions”

Research tells us…

Parents as Equal Partners

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IDEA Part A, 20 U.S.C. 1400 (c)(5)(B) states:

“Almost 30 years of research and experience has

demonstrated that the education of children with

disabilities can be made more effective by…

strengthening the role and responsibility of parents

and ensuring that families of such children have

meaningful opportunities to participate in the

education of their children at school and at

home.…”

IDEA Supports

Parent Participation

It is evident that a bedrock principle of IDEA is the parent’s right to participate in all decisions regarding their child’s educational program.

IDEA enumerates in great detail all that schools must do to foster parent participation in special education programming for their child.

This is the reason why Congress granted to parents all of the rights and procedural safeguards described earlier (I.e. notice, consent, confidentiality, access to records, ability to participate in meetings)

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Parents are…

IDEA defines “parent” as:

a natural, adoptive, or foster parent;

a guardian;

an individual who acts in the place of a parent, with

whom the child lives, or an individual who is legally

responsible for the child’s welfare; or

a surrogate parent ** 20 U.S.C. 1401(23)

** Subject to certain exceptions

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Parents are Entitled to…

Request an Initial Evaluation. 20 U.S.C. 1414(a)(1)(B)

Provide Informed Consent. 20 U.S.C. 1414(a)(C)(D)

Participate meaningfully in meetings. 20 U.S.C. 1415(b)(1)

Confidentiality and access to all educational records. 20 U.S.C. 1417(c)

Obtain an Independent Educational Evaluation (IEE). 20 U.S.C. 1415(b)(1)

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ISBE Parent’s Guide

Educational Rights & Responsibilities:

Understanding Special Education in Illinois

Contains sample letters that can be used when facing

situations described in this workshop.

Letters are simply suggestions for the reader and should be

modified as needed.

http://www.isbe.state.il.us/SPEC-ED/html/parent_rights.htm

Table of Contents- scroll down to Appendix A

Note type of letter you would like to write, click on

Appendix A: Sample Letters for Parents

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Requesting an Initial Evaluation

IDEA States: Each school district must conduct a comprehensive and individualized

initial evaluation prior to providing special education and related

services to a child with a disability. 34 CFR 300.301(a); 23 Ill. Adm. Code 226.110

A parent may initiate the request for an initial evaluation (a.k.a. “make a

referral”) to determine if his/her child is eligible for special education

and related services. 34 CFR 300.301(b); 23 Ill. Adm. Code 226.110(b)

A parent must be permitted to participate in the determination of

whether his/her child is eligible for special education and related

services, as well as the educational needs of the child. 34 CFR 300.306(a)(1)

The school district must provide the parent with a copy of the

evaluation report and the documentation of eligibility determination, at

no cost to the parent. 20 U.S.C. 1414(b)(4)(B); 34 CFR 300.306(a)(2); 23 Ill. Adm. Code 226.110(f)

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What is Consent?

Providing Informed Consent

What is “consent”?

When the parent has been fully informed of all

relevant information related to the matter or

activity in question.

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Providing Informed Consent

When must the school district obtain a parent’s

informed consent?

Prior to conducting the initial evaluation for eligibility

for special education and related services. 20 U.S.C. 1414(a)(1)(D)(i)(I); 34 CFR 300.300(a)(1)(i)

Prior to the initial provision of special education and

related services to the child. 20 U.S.C. 1414(a)(1)(D)(i)(II); 34 CFR 300.300(b)(1)

Prior to conducting any reevaluation of the child. 20 USC 1414(c)(3); 34 CFR 300.300(c)(1)(i)

Prior to disclosing personally identifiable information

to unauthorized parties. 34 CFR 300.622(a)

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Providing Informed Consent

Parental consent for the initial evaluation must not be

regarded as consent for placement for initial provision of

special education and related services. 20 U.S.C. 1414(a)(1)(D)(i)(I) ; 34 CFR 300.300(a)(1)(ii)

The school need not obtain parental consent prior to

reviewing existing data as a part of an evaluation or

reevaluation, or prior to administering a test or evaluation

that is administered to all children unless, before

administration of that test or evaluation, consent is

required of parents of all children.34 CFR 300.300(d)

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Parent Participation

IDEA states:

Pursuant to IDEA,

the child’s parents are members

of the child’s IEP Team.20 U.S.C. 1414(d)(1)(B)(i)

Therefore, schools must take several actions, in

an attempt to ensure that the child’s parent(s)

are present and able to participate at each IEP

Meeting. 34 CFR 300.322

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Meaningful Parent

Participation: IEP Meetings

Schools must: Provide parents with sufficient notice of the date of the meeting.

34 CFR 300.322(1)

Schedule the IEP meeting for a mutually agreed upon time and place. 34 CFR 300.322(2)

Notify parents of the purpose, time, and location of the meeting. 34 CFR 300.322(b)(1)(i)

Notify parents of who is invited and should be in attendance. 34 CFR 300.322(b)(1)(i)

Take whatever action is required to enable the parent to understand

the proceedings of the IEP Team meeting (i.e. interpreter for parent

with deafness or whose language is other than English). 34 CFR 300.322(e)

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Meaningful Parent

Participation: IEP Meetings

If neither parent can attend a child’s IEP meeting, the

school must utilize other methods to allow parental

participation (i.e. individual conferences, video

conferences, or conference telephone calls). 34 CFR 300.322(c); 34 CFR 300.328

A school may conduct an IEP meeting without a parent

in attendance, if the school has been unable to convince

the parents that they should attend. 34 CFR 300.322(d)

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Meaningful Parent

Participation: IEP Meetings

At IEP meetings, a parent may participate in all decisions

involving the identification, evaluation, and educational

placement of his/her child. 20 U.S.C. 1415(b)(1); 20 U.S.C. 1414(e)

In developing the child’s IEP, school professionals must

consider the parents’ concerns for enhancing the child’s

education. 20 U.S.C. 1414(d)(3)(A)

Parents may bring to the IEP meeting other individuals

who have knowledge or special expertise regarding the

child. 34 CFR 300.321(a)(6)

The determination of the knowledge or special expertise of any

individual must be made by the party who invited the individual

to be a member of the IEP Team. 34 CFR 300.321(c)

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Parents have the right to confidentiality

of personally identifiable information, data,

and records collected and/or maintained by

a school or school district. 20 U.S.C. 1412(a)(8), 1417(c)

The school district must comply with State policies

related to protecting the confidentiality of any

personally identifiable educational records, including

all information collected, used, or maintained by the

school. 34 CFR 300.123, 300.610

Confidentiality

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Access to Records

Parents have the right to access, examine, and copy their child’s educational records at no personal expense. 34 CFR 300.613; 105 ILCS 10/5(a)

Upon receiving request, the school district must make the child’s records available to the parent within 15 school days. 105 ILCS 10/5(c)

Parents are to be provided a copy of evaluation reports and documentation of determination of eligibility upon completion of the administration of assessments at no cost. 34 CFR 300.306(a)(2)

Parents are entitled to receive a copy of the child’s IEP at no cost to the parent. 34 CFR 300.322(f)

Parents have the right to receive explanations and interpretations of the records, upon request. 34 CFR 300.613(b)(1)

Parents may authorize another individual and/or representative to see, read, and/or copy any or all of their child’s educational record. 105 ILCS 10/5(a)

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Transfer of Rights-

Student Access to Records

When the student turns age 18, the parents’ rights

regarding education records transfer to the student,

unless parents have obtained guardianship. 34 CFR 300.520;

23 Ill. Adm. Code 226.690

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Amending Records

If a parent believes that content of their child’s educational

records is inaccurate, misleading, or in violation of the

child’s privacy or other rights, he/she may request that the

school amend or remove the information. 34 CFR 300.618; 105 ILCS 10/7

If the school refuses to amend the information in

accordance with the request, it must inform the parent of

the refusal and advise the parent of the right to a hearing. 34 CFR 300.618, 300.619

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Obtaining an IEE

Obtaining an Independent Educational Evaluation

A parent has the right to obtain an Independent

Educational Evaluation (IEE) of their child at public

expense, if he/she disagrees with school district

evaluation findings. 34 CFR 300.502(b)(1); 23 Ill. Adm. Code 226.180

If a parent chooses to pursue an Independent

Educational Evaluation (IEE), he/she should submit a

request to that effect to the local school district

superintendent. 23 Ill. Adm. Code 226.180(a)

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Parent Requested Hearing

If, at the hearing, it is determined that the information in

question is inaccurate, misleading, or a violation of the

student’s right to privacy or other rights, the school must amend

the information and inform the parent in writing. 34 CFR 300.620

If, however, it is determined that the information is not

inaccurate, misleading, or otherwise in violation of the child’s

rights, the parent has the right to place in the records a

statement summarizing his/her reasons for disagreeing with the

hearing determination. 34 CFR 300.620

Irrespective of the hearing determination, parents have the right

to put in the child’s record, a statement explaining their

concerns.

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Achieving Consensus &

Conflict Resolution

Collaboration “Mantra”

“Nothing we can do can change the past,

but everything we do changes the future.”

- Ashleigh Brilliant, US Comic Artist

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Achieving Consensus

Achieving Consensus through:

Managing disagreement at IEP Meetings

Resolving disputes

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Managing Disagreement at

IEP Meetings

Ask questions to understand others’ perspectives and

listen to their answers.

Ask teammates for input and insight based upon their

areas of expertise.

Share your perspective as the foremost “expert” on

your child.

Remain professional and rational at all times.

Take a break if necessary.

Request to re-convene on another date if necessary.

Remember: Your goal is “consensus”…not “victory.”

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Disagreement

Disagreement happens...even with the

most collaborative teams.

It is in everyone's best interest to first try to

resolve your disagreements through

collaborative dialogue.

“Try to work it out yourselves!”

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Resolving Disputes

IDEA provides some dispute resolution

strategies to consider if your team is

unable to reach consensus on an issue.

Mediation

State Complaints

Due Process Hearing

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Mediation

Mediation: confidential process that allows

parties to resolve disagreements without

resorting to litigation.

IDEA requires school districts to allow parents the option of

using mediation to resolve disputes regarding a child’s

educational program. 20 U.S.C. 1415(e), 34 CFR 300.506, 23 Ill. Adm. Code

226.560

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Mediation

Federal and state laws ensure that mediation is:

Voluntary on the part of both parties 20 U.S.C. 1415(e)(2)(A)(i);

Not used to deny and/or delay the parent’s right to

initiate a due process hearing 20 U.S.C. 1415(e)(2)(A)(ii);

Directed by an impartial and qualified mediator 20 U.S.C.

1415(e)(2)(A)(iii);

Confidential, in that all discussions occurring

throughout the mediation process will not be used as

evidence in any potential subsequent due process

hearing or civil suit 20 U.S.C. 1415(e)(2)(F)(i); (G)

Legally binding and enforceable, provided both parties

sign the “mediation agreement” 20 U.S.C. 1415(e)(2)(F)(iii)

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Filing A Complaint

IDEA and Illinois law permit a parent to file an

official complaint with the Illinois State Board of

Education (ISBE), if the parent believes that the

school district has violated the rights of a child

with a disability. 34 CFR 300.151 – 300.153; 23 Ill. Adm. Code 226.570

The complaint will be considered only if it

describes an alleged violation that occurred not

more than one year before the date on which the

complaint is received. 23 Ill. Adm. Code 226.570(b)

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Filing A Complaint

The complaint must include the following:

A statement that a school district has violated a

requirement of IDEA

A statement of facts about the situation

Signature and contact information for the filing party

Name(s) and address(es) of student(s) involved

General description of the problem of the child

A proposed solution to the problem. 23 Ill. Adm. Code 226.570(a)(1)-(6)

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Filing A Complaint

Within 60 days after filing a valid complaint, ISBE will:

Assign an investigator, if deemed necessary

Gather additional information from the complaining party

Permit the district to attempt to propose a solution to the alleged

problem

Offer the option of mediation

Review all relevant information

Render an independent decision as to whether or not the district

violated IDEA

Issue a written determination to the complaining party that

addresses each individual allegation in the original complaint 23 Ill. Adm. Code 226.570

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Due Process Hearing

Due process hearing: A formal, through which

disputes between a parent and school district

are resolved.

IDEA and Illinois state law permit parents to initiate a

due process hearing, if the parent believes that a school

district has violated the rights of a child with a disability. 20 U.S.C. 1415(f); 34 CFR 300.511 – 300.520; 23 Ill. Adm. Code 226.600-675

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Due Process Hearing

A Due Process Hearing is similar to a court

proceeding in the following ways:

Presence of lawyers

Formal arguments

Documentary evidence

Witness testimony

Adversarial stance between parties

Impartial third-party decision maker

Legally binding written decisions

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Due Process Hearing:

Prior to Filing

Before filing for Due Process, consider:

Are there alternative ways to resolve this

issue?

Do I have official documents, reports and

records to support my position?

Do I have witnesses who will corroborate my

position?

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Due Process Hearing:

Filing

Filing logistics 34 CFR 300.507-300.513

Parent files request with district superintendent

District responds to request

Resolution process (see notes)

Pre-conference hearing

The hearing officer runs this conference in order to describe how

the hearing will proceed.

The officer also defines the issues, identifies potential witnesses,

and indicates the content of evidence.

At this time, the hearing officer sets the date for the hearing.

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Due Process Hearing:

The Agenda

Due Process Hearings typically last one day and

include:

Parent Opening Statement

District Opening Statement

Parent Witnesses (followed by District cross-

examination)

District Witnesses (followed by Parent cross-

examination)

Parent Closing Statement

District Closing Statement

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Due Process Hearing:

The Decision

The Decision:

Within 10 days of the close of the due process hearing,

the officer must render a decision in the case.

A written copy of the decision will be sent to the parent

and the district.

The decision stipulates what the parent and/or district

must do in order to rectify the issues of the case.

If the parent does not understand the decision, he/she

may submit a written request for clarification.

If the parent is dissatisfied with the decision, he/she may

appeal the decision to a court of law.

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Due Process Hearing

Child’s placement during hearing:

Filing a due process hearing request triggers the “stay-put”

provision under Federal and Illinois law.

This obligates the district to keep the student in his most recent

placement throughout the pendency of the hearing. 34 CFR 300.518(a)

Role of attorneys:

A parent can represent his or her child at a due process hearing.

Most parents choose to employ either an attorney or an advocate

to represent their child’s interests.

If the parent receives a favorable decision on a significant issue in

the due process hearing, he/she may recover attorney’s fees from

the school district.

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Let’s Summarize…

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Today we learned about…

1) The Illinois Education Support System.

2) Your rights to be an equal partner in your child’s

education.

3) Achieving consensus at the IEP meeting and

available methods for dispute resolutions when

agreement is not reached.

Your Next Steps

Consider the information you received today in relation

to your child’s IEP, and your relationship with the

education team.

Determine how you plan on participating as an equal

partner in your child’s education.

Develop a Student Learning Profile (SEE MODULE 1:

Introducing Your Child: Creating Your Child’s Learning Profile) for your

child capturing key information about their unique

strengths and needs. Update and share this profile

annually.53

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Contact Information: Parent & Educator Partnership

Toll free: 877-317-2733

www.PEPartnership.org