Parental Safeguards and Involvement in Special Education: Ensuring Collaboration and Protection

QUESTION

Parental Safeguards and Involvement IDEA granted parents the following rights in the education of their children: . To give consent in writing before the child is initially assessed to determine eligibility for special education and related services . To give consent in writing as to the educational setting in which the child will receive special education and related services To request an independent educational assessment if the parents believe the school’s assessment is inappropriate To request an educational assessment at public expense if the parent disagrees with the school’s assessment and recommendations . To participate on the committee that considers the assessment of, placement of, and programming for the child To inspect and review educational records and challenge information believed to be inaccurate, misleading, or in violation of the privacy or other rights of the child To request a copy of information from the child’s educational record To request a due process hearing concerning the school’s proposal or refusal to initi- ate or change the identification, educational assessment, or placement of the child or the provision of a free and appropriate

The intent of these safeguards is twofold: first, to create an opportunity for parents to be more involved in decisions regarding their child’s education program; and second, to pro- tect the student and family from decisions that could adversely affect the child’s education. Families thus can be secure in the knowledge that every reasonable attempt is being made to educate their child appropriately. Some professionals and parents have argued that IDEA’s promise for a parent and professional partnership has never been fully realized (Berry, 2009; Drew & Hardman, 2007). Several challenges may exist between the school and the home, including poor communication, a lack of trust, and inadequate service coordination (Friend & Bursuck, 2012; Wagner et al., 2012; Williams-Diehm et al., 2014). Byrnes (2011) suggested that schools must go beyond the procedural due process requirements in IDEA and assure that parents are actively involved in their child’s education. As such, every attempt should be made to prevent adversarial relationships, such as those that often occur in due process hearings. Such hearings may lead to mistrust and long-term problems. IDEA responds to the need for a mediation process to resolve any conflict between parents and school personnel and to prevent long-term adversarial relationships. The law requires states to establish a mediation system in which parents and schools voluntarily participate. In such a system, an impartial individual would listen to parents and school personnel and attempt to work out a mutually agreeable arrangement in the best interest of the student with a disability. Although mediation is intended to facilitate the parent and professional partnership, it must not be used to deny or delay the parents’ right to a due process hearing.

ANSWER

 Parental Safeguards and Involvement in Special Education: Ensuring Collaboration and Protection

Introduction

Parental involvement in the education of children with special needs is critical for ensuring appropriate services and safeguarding their rights. The Individuals with Disabilities Education Act (IDEA) grants parents several rights to empower their participation in decision-making processes. This essay explores the rights provided by IDEA and the intent behind these safeguards, highlighting the importance of collaboration between parents and professionals in the education of children with disabilities. However, challenges may exist in achieving a true parent-professional partnership, necessitating additional measures such as mediation to resolve conflicts and prevent adversarial relationships.

Parental Rights under IDEA

IDEA grants parents the following rights to ensure their active involvement in their child’s education program:

Consent for Assessment and Placement: Parents have the right to give written consent before their child is initially assessed for special education eligibility and to provide consent for the educational setting in which the child will receive special education and related services.

Independent Educational Assessment: Parents can request an independent educational assessment if they believe the school’s assessment is inappropriate.

Review of Educational Records: Parents have the right to inspect and review their child’s educational records, challenge inaccurate or misleading information, and request a copy of the information.

Participation in Decision-Making: Parents can participate on the committee responsible for assessing, placing, and programming for their child.

Due Process Hearing: Parents have the right to request a due process hearing if they disagree with the school’s proposal or refusal to initiate or change the identification, assessment, placement, or provision of a free and appropriate public education.

 Intent and Benefits of Parental Safeguards

The intent of these safeguards is two-fold. Firstly, they aim to create opportunities for parents to be actively involved in decisions regarding their child’s education program. By involving parents, schools can benefit from their unique insights into their child’s needs, preferences, and strengths. Secondly, these safeguards protect students and families from decisions that could adversely affect the child’s education, ensuring that every reasonable attempt is made to educate the child appropriately.

Challenges and the Need for Collaboration

Despite the provisions in IDEA, challenges exist in establishing effective parent-professional partnerships. Poor communication, lack of trust, and inadequate service coordination can hinder collaboration between schools and families. To address these challenges, schools must go beyond procedural requirements and actively involve parents in their child’s education. By fostering a collaborative and respectful relationship, schools can build trust and work together with parents to develop effective educational plans.

Mediation as a Conflict Resolution Tool

IDEA recognizes the potential for conflicts to arise between parents and school personnel. To prevent long-term adversarial relationships, IDEA mandates states to establish a mediation system. Mediation provides an impartial platform for parents and school personnel to discuss concerns and work towards mutually agreeable solutions in the best interest of the student. It aims to facilitate the parent and professional partnership and resolve conflicts, without denying or delaying the parents’ right to a due process hearing.

Conclusion

Parental safeguards under IDEA play a crucial role in promoting parental involvement and protecting the rights of children with disabilities in their education. These safeguards create opportunities for collaboration between parents and professionals, ensuring that decisions are made in the best interest of the child. However, challenges exist in achieving true partnership, necessitating additional measures such as mediation to resolve conflicts. By fostering effective communication, trust, and collaboration, schools can maximize the benefits of parental involvement and create an inclusive educational environment for children with special needs.

References

Berry, J. M. (2009). Parent involvement in early childhood special education: A systemic review. Journal of Research in Special Educational Needs, 9(3), 155-164.
Byrnes, D. A. (2011). Parental involvement in special education: The parent, professional, and the power. Focus on Exceptional Children, 43(4), 1-19.
Friend, M., & Bursuck, W. D. (2012). Including students with special needs: A practical guide for classroom teachers (6th ed.). Pearson.
Wagner, M., Newman, L., Cameto, R., Levine, P., & Garza, N. (2012). After high school: A first look at the postschool experiences of youth with disabilities. A report from the National Longitudinal Transition Study-2 (NLTS2) (Vol. 3). SRI International.
Williams-Diehm, K. L., Kanter, D. E., Kuehn, S. A., & Gall, A. (2014). Improving collaboration between schools and families of students with disabilities. TEACHING Exceptional Children, 47(2), 111-119.