Parents and Guardians
Parental consent is needed to uphold with compliance to...
IDEA
L.S. v. Mount Olive Board of Education (2011): The teacher’s act of distributing an unredacted psychiatric report exposed them to personal liability under 42 U.S.C. § 1983 because it violated this type of protected student interest rooted in constitutional and civil rights law.
Student’s right to privacy (confidentiality of educational/medical information).
Situation: A parent challenges an IEP and presents no evidence, assuming the school must prove the IEP is sufficient.
Is this appropriate under IDEA?
No - The parent generally has the burden of persuasion and must present evidence.
False - parents need to provide consent to excuse an IEP team member from the meeting
Fuentes v. Board of Education of the City of New York (2009): This type of parent was denied the ability to challenge their child’s IEP because they did not have educational decision-making authority.
Non-custodial parent
What must a school provide before changing a student’s identification, evaluation, placement, or FAPE?
Prior written notice
Application: You are having difficulty reaching a parent for consent for an initial evaluation. The end of the year is approaching and you want to get started on the evaluation, before it has to be carried over into the summer. You decide to start the evaluation for special education, even though you never received formal consent. You tried multiple methods of outreach (phone calls, home visits, emails, letters, etc). It has been several weeks of consistent outreach. Have you violated IDEA, or is this appropriate, considering you were unable to reach the parent.
Yes -
For reevaluations, you can sometimes proceed without consent if you’ve made reasonable efforts and the parent doesn’t respond.
For initial evaluations, consent is non-negotiable unless overridden through due process.
Taylor v. Vermont Department of Education (2002): Despite lacking authority over educational decisions, the court held that the parent still retained what specific individual right under the Individuals with Disabilities Education Act.
The right to access educational records
Situation: A parent files for a due process hearing because they disagree with a placement change. The school immediately moves the student to a new program while the case is pending.
Is this appropriate?
No - The student must remain in the current placement (stay-put) unless the parent and school agree otherwise.
In the IDEA definition of "parent", six forms of a parent are covered. Please provide these forms...need to get 4/6 in order to get the full credit.
Biological / Adoptive / Legal Guardian / Foster Parent / Any other adult acting in the role of a parent
W.B. v. Matula (1995): The Third Circuit held that families could pursue compensatory and punitive damages through both 42 U.S.C. § 1983 and this additional federal law that prohibits discrimination against individuals with disabilities.
Section 504 of the Rehabilitation Act of 1973
What three options must schools inform parents about when there is a dispute under IDEA? Must get 2/3 for full points.
Mediation, state complaint, and due process hearing.