"The Congress finds the following: ...Over 20 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by...strengthening the role of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home." [IDEA 97, Findings, 601(c)(5)(B)]
"Parents have always been important players in the special education process, and their involvement is crucial to successful results for students. Areas where they have been involved in the past, and will continue to be involved include the following:
Public agencies must notify parents when they propose or refuse to initiate or change the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child;
Parental consent is required before a child may be evaluated for the first time;
Parents are members of the team that develops their child's IEP;
Parental consent is required for a child's initial special education placement;
Parents have the right to challenge or appeal any decision related to the identification, evaluation, or educational placement of their child, or the provision of FAPE to their child.
IDEA 97 further expands the role of parents in the decision making:
Input during evaluation: Parents are entitled to provide information about their child during their child's evaluation. As part of their child's IEP Team, parents are also entitled to be part of the group that reviews existing evaluation data during any evaluation or reevaluation of their child.
Eligibility: Parents are entitled to be part of the group that makes the decision regarding their child's eligibility.
Placement: Parents are entitled to be part of the group that makes the decision regarding their child's educational placement.
Reevaluation: Parents need to provide consent in order for their child to be reevaluated.
Participation in all meetings: Parents must be given the opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of thier child, and the provision of FAPE to their child.
Receiving progress reports and revising the IEP: Parents have the right to receive regular reports on their child's progress. The IEP would need to be revised to address any lack of expected progress toward annual goals.
Notification of the public agency by parents regarding parental placement of their child in private school: Parents must now notify the public agency if they intend to remove their child from the public school and place him or her in a private school at public expense.
Notification by parents of their intent to file a due process complaint: If parents intent to file a due process complaint, they must notify the SEA or the LEA, as the case may be.
Advisory capacities: The majority of the members of the State Advisory Panel must now be parents of children with disabilities or individuals with disabilities."
"Students with disabilities have traditionally been the recipients of services through the decision making of others. Until recently, they have played an almost passive role in determining their IEP development...Congress (has) strengthened the role that students are expected to play in planning and implementing their own educations:
Beginning no later than the age of 16 (and younger, if determined appropriate), students' IEPs must include transition services designed to facilitate their transition from school to the adult world.
If a purpose of the IEP meeting is the consideration of transition services, the school must invite the student to participate in the meeting.
If the student does not attend the IEP meeting where transition services are considered, the schoolmust take other steps to ensure that the student's preferences and interests are considered.
Under IDEA '97, student participation was increased:
Transition: Beginning at age 14 and updated annually, a statement of the transition service needs of the child under the applicable components of the child's IEP shall be written into the IEP. This statement of transition service needs must focus on the child's courses of study, such as participation in advanced-placement courses or a vocational education program.
Age of majority: Public agencies must now notify students as to the rights, if any, that will transfer to them upon reaching the age of majority.
Note: Adapted from L. Küpper (Ed.)(1997), The Individuals with Disabilities Education Act Amendments of 1997: Curriculum. National Information Center for Children and Youth with Disabilities. Washington, DC.