What+Families+Need+to+Know

**MARYLAND STATE DEPARTMENT OF EDUCATION: Division of Special Education** **Parents' Rights and Responsibilities in the Special Education System** The purpose of Maryland's Special Education system is to help families and professionals communicate in order to support the development of children and adolescents with disabilities. This partnership is the base on which family-centered individualized education plans (IEPs) are developed. Parents should receive clear, easy to understand information about their rights and this Wiki page aims to provide this.
 * A Family Guide to the Maryland Special Education Process**

The protections or **Procedural Safeguards** that assure rights for parents with children in the special education system are established by the Individuals with Disabilities Education Improvement Act (IDEA 2004). These rights aim to make sure that:
 * Parents receive reasonable notice, in their native language, when actions are proposed by the Special Education System that concern their child, including when evaluation and services are to begin or a change is proposed.
 * Parents have access to the information they need to play an active role in decision making about how their child and family will receive services.
 * Parents' views and preferences about services to their child and family are heard and respected.

Each family participating in Maryland's Special Education System will receive a copy of the Procedural Safeguards and Parental Rights document, which explains parents' rights in greater detail.


 * Parents have the right to:**
 * Free, Appropriate, Public Education for their child. **FAPE**
 * **Consent** to evaluation, assessment, and provision of special education services
 * **Require that Personal information be kept confidential**, and that they must agree in writing, before any personally identifiable information can be shared with early intervention and other service providers. (Release of information without parental consent is only permitted in certain circumstances).
 * **Obtain an independent educational evaluation** of their child, at their own expense, subject to the rules provided in the Maryland Parental Rights Manual.
 * **Receive written notice** each time their child's IEP team proposes or refuses to initiate or change the identification, evaluation, educational program, or educational placement of a child.
 * **Accept or decline any special education service** in accordance with State law without risking the provision of other services.
 * **Inspect and review education records** relating to their child that are collected, maintained, or used by the agency with respect to the identification, evaluation, and educational placement of the child.
 * **Request changes to the educational records** of their child, by the school or service providers, if they believe the records to be erroneous or misleading. The school shall decide whether to change the information within a reasonable amount of time after receiving the request. If the school decides to refuse to change the information in accordance with the request, it will inform the parents of the refusal and advise the parents of the right to a hearing to challenge the information in educational records.
 * **File a complaint** with the Maryland State Department of Education: Division of Special Education. Parents may file a written complaint with MSDE anytime during their participation in the Special Education System if they disagree with: (1) their child's eligibility decision for special education services; (2) an evaluation or assessment of their child; (3) provision of services for their child; or (4) their financial obligation for services for their child.
 * **Have formal complaints resolved** by an impartial decision maker. For more information about these processes, refer to the Mediation and Impartial Complaint Resolution brochures, available from MSDE.

**Parents are active participants in the IEP development process.**
 * Parents' responsibilities include:**
 * **Full participation in the IEP process**, working with service providers and educators to plan and carry out goals for their child, including sharing their knowledge and observations.
 * **Informing their IEP coordinator** of issues that may affect their child's services or education.
 * **Being on time** for appointments and **notifying their service provider** when they are unable to keep an appointment.
 * **Respecting the people and environments** where services are provided so that all families can benefit from special education.

**The IEP Team**
 * IEP Team includes:**
 * The child's **parent/s, guardian, parent surrogate**or ;
 * If the child participates or may participate in the general education environment at least one of the child's general education teachers will be included. If the child does not have a **general education teacher** or is younger than school age, an individual qualified to teach a child of that age.
 * At least one of the child's s**pecial education teachers**, or if appropriate, a service provider of the child.
 * A **representative of the school** who is qualified to provide, or supervise the provision of specially designed instruction to meet the needs of students with disabilities and who knows the general curriculum and public agency resources available.
 * An individual who can interpret the instructional implications of evaluations. This person can be one of the team members listed above.
 * If parents or the school representative choose, other individuals who have knowledge or special expertise regarding the child.
 * To the extent appropriate, with the consent of the parents, the school must invite a representative of any participating public agency that may be responsible for providing or paying for transition services
 * If appropriate, the child will be included. The child shall be invited to, and is expected to attend and participate in the IEP team meeting if the purpose of the meeting is to consider postsecondary goals for the child and the transition services needed to assist the child in reaching those goals.