Parent/Student Rights in Identification, Evaluation and Placement

The following is a description of the rights granted by federal law to students with handicaps. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

You have the right to:

1. Have your child take part in, and receive benefits from public education programs without discrimination because of his/her disabling conditions;
2. Have the County Office advise you of your rights under federal law;
3. Receive notice with respect to identification, evaluation or placement of your child;
4. Have your child receive a free appropriate public education. This includes the right to be educated with nonhandicapped students to the maximum extent appropriate. It also includes the right to have the County Office make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities;
5. Have your child educated in facilities and receive services comparable to those provided nonhandicapped students;
6. Have your child receive special education and related services if he/she is found to be eligible under the Individuals with Disabilities Education Act (PL 101-476) or Section 504 of the Rehabilitation Act;
7. Have evaluation, educational and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data and placement options;
8. Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by County Schools;
9. Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the County Schools;
10. Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program and placement;
11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records;
12. A response from the County Schools to reasonable requests for explanations and interpretations of your child’s records;
13. Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the County Office refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing;
14. Request mediation or an impartial due process hearing related to de-cisions or actions regarding your child’s identification, evaluation, edu-cational program or placement. You and the student may take part in the hearing and have an attorney represent you. Hearing requests must be made to the Administrator, Student Services, at (909) 433-4600;
15. Ask for payment of reasonable attorney fees if you are successful on your claim;
16. File a local grievance.

Download a pdf of this information

For additional information, please contact: Ms. Kathy Hovick by e-mail or by calling (909) 777-0777