1. Parent Rights in Special Education
Betsy Peterson, Parent Coordinator
Office of Special Education and Achievement

2. Individuals With Disabilities Education Act (IDEA)
Federal Law
Public Law the Education for All Handicapped Children Act of 1975
Law mandated the role of parents as equal partners in making educational decisions for their children
Empowers parents to become Educational Advocates for their children

3. Terminology Used IEP-Individualized Education Program
FAPE-Free Appropriate Public Education
LRE-Least Restrictive Environment
PBS-Positive Behavior Supports
BIP-Behavior Intervention Plan
FBA-Functional Behavioral Assessment
ESY-Extended School Year
IFSP-Individual Family Support Plan

4. Terminology Used-con’t
Disabilities:
BD-Behavior Disability
LD-Learning Disability
DD-Developmentally Delayed
CD-Communication Disorder
VI-Visually Impaired
HI-Hearing Impaired

5. Terminology Used-con’t
Placements
RE:FT-Regular Education Full Time with modification
RE:PT-Regular Education Part Time with resource services or special class services
SC-Special Education Program: Separate Class
SS-Special Education Program: Separate School
OOS-Special Education Program: Out of School Environment
RF-Special Education Program: Residential Facility

6. Terminology Used-con’t
Related Services
Assistive Technology
Transportation to and from school
Counseling for child and/or family
Recreation or special physical education
School health services
Physical Therapy-PT
Occupational Therapy-OT
Speech/Language therapy

7. Identification and Referral
Child Find
District activity that seeks to locate and identify children and youth, ages 3-21 who may have developmental delays or exceptionalities and may need special education and related services. Activities may be:
Teacher observations
Parent observations
Conferences
Developmental screenings

8. Identification and Referral con’t
Parent Referral
A written request to have your child tested to see if he/she would benefit from specially designed instruction.
School Assistance Team
Interventions
Conferences
Multidisciplinary Evaluation Team (MDET)

9. Identification and Referral con’t
Multidisciplinary Evaluations
Health
Vision
Hearing, social and emotional status
Adaptive skills
Behavioral performance
General intelligence
Academic performance
Communicative status
Motor abilities
Assistive technology services and/or devices

10. Identification and Referral con’t
Multidisciplinary Evaluation Team (MDET)
At least one teacher or other specialist with knowledge in the area of suspected exceptionality.
The student’s regular education teacher; or
A regular education teacher qualified to teach a student of that age;
At least one person qualified to conduct individual diagnostic examinations of students, such as a certified school psychologist, speech-language pathologist or audiologist.

11. Eligibility Committee
Eligibility Committee (EC)
Evaluations are discussed. Be sure to ask questions if you do not understand something.
Utilize the results of the multidisciplinary evaluation as the primary source of information to determine the student’s educational needs and if:
the student meets the eligibility criteria in one of the designated exceptionalities; and
Needs specially designed instruction.

12. Individualized Education Program (IEP)
30 days after a student is determined eligible for services
Present Levels of Educational Performance (PLEPs)
Measurable goals
Special education services
Related Services
An explanation of the extent to which your student will NOT participate with non-exceptional peers
A statement explaining HOW the student will participate in the statewide testing program.
The date when services are to begin and how they will continue.
A statement of how and when parents will be informed of progress toward annual goals.
Signatures of all those ATTENDING the meeting.

13. Placement
Placement is the appropriate learning environment for your child.
IEP team must consider placement in the regular education setting first.
Modifications – a change in the type and amount of work expected of the students
Accommodations - change how students learn and the ways they demonstrate what
they have learned.

14. Annual Review
Your child’s progress in achieving the goals on the IEP must be reviewed and revised each year.
Your observations about any changes should be made at this time.
Have goals been met?
Were the goals too easy?
Were the goals too hard?
Comments, both positive and negative about the IEP should be made at this time
If you feel changes need to be made to your child’s IEP before the Annual Review, ask for a review.

15. Reevaluations Can occur every 3 years (or more frequently)
MDET reviews existing evaluation data on the student with input from the student’s parents to determine if additional data are necessary
Parents must be notified of this decision

16. Independent Evaluation
If a parent disagrees with an evaluation obtained by the school system, a parent has the right to an independent educational evaluation at public expense.
The school system will provide to the parents information about where an independent educational evaluation may be obtained, upon the parents request.

17. Complaint Any interested person may file a complaint:
Parents of eligible students
Organizations
Groups
School district employees
Individuals from West Virginia or another state
Must be written and signed
Must include:
Name of the county school district
Student's name
The facts on which the complaint is based
The laws or regulations you believe are not being followed

18. Complaint con’t A copy must be sent to the district school system.
60 day timeline to investigate the complaint.
Letter of Findings (LOF) issued to district
LOF includes corrective actions if violations are determined.

19. Early Resolution of a Complaint
Initiated by either party
Informal conference to discuss issue(s)
If resolution is achieved, complaint is withdrawn
Verification of Early Resolution Form submitted to OSE

20. Mediation Meeting to encourage mediation Voluntary and informal
Conducted by qualified and impartial mediator
At no cost to parent
Written agreement
Confidential

21. Impartial Due Process Hearing
Initiated by parent or district by written request to the OSE
Dispute must be relevant to the proposal or refusal of district to initiate or change the identification, evaluation or educational placement or the provision of a free appropriate public education (FAPE)
Resolution session must be convened by the district within 15 days
45 day timeline for hearing

22. Parent Rights
The right to be considered a full participating member of the IEP team when planning for your child.
The right to provide information about your child that can be used in developing interventions , evaluations planning and educational programs.

23. Parent Rights con’t
The right to insure that your written permission is given before any formal evaluations are begun.
The right to receive written notice prior to any changes in placement for your child.
The right to access your child’s records, and have some one available to explain the records, if requested.

24. Parent Rights con’t
The right to a complete evaluation, which includes more than one test or procedure and is completed by trained personnel from various education and/or medical areas of expertise, to receive copies of those results, and to have those results explained in a language you understand.
The right to confidentially of all records about the student.

25. Parent Rights con’t
The right to a free and appropriate public education (FAPE) that addresses your child’s individual needs.
The right to request an independent assessment at no cost to yourself if you disagree with the assessment results.
The right to be involved in the development of your child’s Individual Education Program (IEP).

26. Parent Rights con’t
The right to receive transportation and other related services necessary for the student to benefit from his or her special education services.
The right to mediation and due process if differences regarding your child’s program or services can not be resolved by other means.

27. Parent Responsibilities
To be involved.
To participate in meetings regarding your child and be ready to discuss issues of concern that you have.
To ask questions and be sure you understand what is happening.
To provide all the relevant information that is needed in planning and program development

28. Parent Responsibilities con’t
To let the school personnel know about any changes in your child’s life, both positive and negative, including areas of growth, changes in health and medication and difficulties your child is having.
To educate yourself regarding the rules and regulations governing special education services.

29. Parent Educator Resource Centers - PERCs
In 38 West Virginia Counties
Staffed by parents and teachers
Offer training and support to families
Will assist you through the IEP process
A friendly ear that has been there

30. Questions

31. Resources: West Virginia Department of Education
Office of Special Education Achievement
1900 Kanawha Boulevard, East
Building 6 Room 304
Charleston, WV

32. Resources con’t West Virginia Parent Training and Information Center
Mountain State Parents CAN
West Virginia Advocates

33. Resources con’t West Virginia Birth to Three System 1-800-642-9704

34. Thank you for your time!! Betsy Peterson, Parent Coordinator
West Virginia Department of Education
Office of Special Education Achievement