Related Services
Under IDEA 2004, related services are defined as services that enable an individual student with a disability to benefit from special education. They are different from special education, which is specially designed instruction. IDEA includes the following items in its definition of related services an individual student may need to benefit from special education:
• Transportation
• Speech and language services
• Physical therapy
• Occupational therapy
• Interpreting services
• Audiology services
• Psychological services
• School health services
• Technology
• Recreation
This list is not exhaustive. However, IDEA does exempt surgically implanted devices and medical services unless those services can be provided by a trained layperson, including a teacher, school nurse, paraprofessional, or similarly trained individual. Related services are determined by the IEP team and specified on the IEP document.
Procedural Protections for Parents and Students
To protect the rights of students with disabilities and ensure their parents or guardians are meaningfully included in all decisions related to the student’s special education program, IDEA provides procedural due process requirements. These are formal procedures and processes that the school must follow and are usually referred to as procedural safeguards or sometimes as parents’ rights. They are intended to protect against school decision making that may prevent a student with a disability from obtaining a free appropriate public education. IDEA sets the basic requirements, but each state—and often districts—must develop their own policies and procedures that may be more restrictive than the federal requirements. It is essential for principals to have a firm understanding of their state and district procedural safeguards to ensure that the school is upholding the rights of the students in their building and those students’ parents. They must be sure to follow the specific procedures and timelines set by their districts pertaining to such things as parent notices, required signatures, and so on. These procedures, which may be regarded as burdensome paperwork, are actually legal entitlements guaranteed under the law. The district special education administrator should ensure that each principal has a document that states these policies and procedures in his or her school and should ensure that it is available to parents as needed. This individual is the key contact in matters pertaining to special education and should be consulted in case of any doubt about a procedure.
Under the procedural safeguards in IDEA, parents are entitled to the following due process rights:
• Written prior notice of any actions related to their child and special education
• Written material provided in the parents’ native language unless it is clearly not feasible to do so
• Opportunity to examine all records relating to their child, including identification evaluation, placement, IEP development, disciplinary notices, progress reports, and reports from service providers
• Right to obtain an independent educational evaluation of their child
• Right to participate in and agree to all decisions regarding their child’s identification, evaluation, educational placement, and the provision of free appropriate public education
• Opportunity to present complaints regarding any matter relating to the identification, evaluation, educational placement, or provision of free appropriate public education for their child. School districts must have procedures in place for parents to follow when filing a written due process complaint and include information on how to complete a hearing request form. According to IDEA regulations, the hearing request form must include the student’s name and address, the name of the school the student attends, a description of the complaint, and recommendations for a resolution to the problem (Seltzer, 1998). A parent’s due process hearing request must address alleged violations that occurred not more than two years before the date that the parent or school district knew or should have known about the issue leading to the request.
• Written prior notice when parents and the school disagree on a course of action. This notice must include—
• Opportunity for mediation. The outcomes of mediation are considered enforceable as a settlement agreement.
• Opportunity to request a resolution meeting prior to presenting a complaint through a due process petition. Resolution meetings are considered less adversarial than due process hearings.
Additionally, students have the right to a surrogate parent when parents are unknown or legally cannot participate. A surrogate parent cannot be employed by any agency educating or caring for the child, should possess the skills and knowledge needed to represent the student, and is selected in accordance with state law.
Due Process Under IDEA
Procedural safeguards are grounded in the due process clause of the U.S. Constitution. Only a very small number of disputes that arise between parents and schools end up with parents filing a due process complaint. However, in the event that a parent should ever file such a petition, it is unlikely that a principal would manage this situation. The principal should notify the district special education administrator to make certain that all timelines and procedures are followed. It is not uncommon for parents to prevail in a hearing because the school did not follow specified procedures and timelines. For this reason, it is very important that principals know the procedures and timelines required by their districts and that they ensure compliance with these requirements.
A due process complaint (also known as a due process request or due process petition) must allege that a violation occurred not more than two years before the date the parent or public agency knew or should have known about the alleged violation.
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