Legal Question in Disability Law in Indiana
Parent's Understanding of the "Individualized Education Plan"
In the process of making educational plans for a disabled child, what rights and duties does a parent have as far as participating in the plan? What evaluation procedures (and standard tests) are used for adolescents that include the parent in the process? (Anything like RISA?) What agencies, other than schools, can be involved? What recourse does a parent have if he/she disagrees with an educ plan that is currently in effect for his/her child?
1 Answer from Attorneys
Parents have the right to acept or reject IEP
The parents have the right to accept or reject the IEP. If the parents reject the plan, they are entitled to a hearing at the Dept of Ed (at least in Mass). If the parents are unhappy with the disposition after the hearing, they have (again in MAss) the right to seek judicial review of the department's decision. Professional evaluations are used. It is important that the so-called professionals be indeed qualified to do the evaluation they perorm. The goal is to Assure the maximum possible development of your child.Does the law in your state provide a time limit in which you can reject the plan or appeal the decision of the agency producing the IEP? Did you receive any written materials, e.g., brochure, instructions, copy of laws, when the process began? It is impossible to say what kind of tests should be done inasmuch you have not said the reason your child has a special need.Consult a local attorney. He or she will be able to fully inform you. It will be in the long run in the best interest of your child. Good luck!