Special education services can be a lifeline for children with disabilities, providing them with the support they need to succeed in school. However, misunderstandings or problems can arise, making it essential for parents to be well-informed about their rights. In Minnesota, the parental rights notice, also known as procedural safeguards, is a critical document that offers an overview of these rights.
Why Should I Read the Parental Rights Notice?
Understanding your special education rights is crucial. Sometimes, parents may not be aware of specific rights until it's too late, such as the timeline for objecting to a district's proposed Individualized Education Program (IEP). By reading the parental rights notice, you can stay informed and prepared.
What Information Will I Find?
The parental rights notice covers a wide range of topics and rights, including:
- Prior written notice documents.
- Legal advocacy organizations and contact information.
- Confidentiality.
- Third-party billing for IEP health-related services.
- How to request an independent educational evaluation (IEE).
- Access to student records and how to ask for copies.
- How to disagree with the district, including mediation, filing a special education complaint, or asking for a due process hearing.
- Disciplinary removals (suspension and expulsion information).
- Referrals to law enforcement.
- Private school placements.
When Must the District Give Me a Copy of My Parental Rights Notice?
A district must provide you with a copy of the parental rights notice at least once per school year. Other times you should receive a copy include:
- The first time the district refers your child for a special education evaluation or if you request an evaluation.
- The first time in a school year that you file a special education complaint.
- The first time in a school year that you or the district requests a due process hearing.
- On the date the district decides to make a disciplinary change of placement by removing your child from school for a violation of the district's discipline policy.
- If you ask for a copy.
Who Can I Talk to About My Parental Rights?
If you have questions about your parental rights, you can contact the Division of Compliance and Assistance. Team members familiar with special education compliance and parental rights are available during regular business hours. You can email them or call 651-582-8689.
How Can I Obtain Free or Low-Cost Legal Services?
There are several resources available for free or low-cost legal services and advocacy:
- The local school district special education department.
- The ARC of Minnesota (advocacy for persons with developmental disabilities); 800-582-5256.
- Minnesota Association for Children's Mental Health; 800-528-4511.
- Minnesota Disability Law Center; 800-292-4150.
- PACER (Parent Advocacy Coalition for Educational Rights); 800-53-PACER (800-537-2237).
For more information, please follow this link.
