From Ann Logsdon,
Your Guide to Learning Disabilities.
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The Individuals with Disabilities Education Act, amended in 2004, includes specific rights for parents or legal guardians of children with disabilities. The IDEA refers to these rights as procedural safeguards.

Procedural Safeguards - Parent Rights are Procedural Safeguards for Special Education Programs

Procedural safeguards, also called parents' rights, are defined in the IDEA regulations. Procedural safeguards provide minimum guidance to schools on requirements for:

• Prior notice of meetings and proposed decisions;
• Reviewing student records;
• The functions of the Individualized Education Program (IEP) team;
• Assessment and Independent Evaluations;
• Parent Participation in IEP team meetings and parent consent;
• Filing formal complaints, mediation, due process hearings, and appeals;
• Interim alternative educational settings;
• Discipline;
• Parent placement of their children in private schools;
• Civil court actions;
• Development of IEPs;
• Placement decisions and least restrictive environment; and
• Specially Designed Instruction and related services.

Procedural Safeguards - Parent Rights Belong to Parents and Benefit the Child

Under the IDEA, a child's parents hold the child's educational rights. Parents keep those rights until:

• The child reaches the age of majority based on his state's regulations;
• The parents' or guardian's rights are terminated through a court proceeding, as in cases of parent mental incompetence and child abuse, neglect, and abandonment; or
• In some cases, one parent could be awarded educational decision-making rights in a divorce decree or settlement.

Upon reaching the age of majority, a young adult with a disability retains his rights under IDEA until or unless:

• He graduates;
• He ages out of his school program at age 21;
• He drops out of school or becomes home-schooled. However, districts will periodically send reminders to the student and parent or guardian that special education programs are available to them should the child re-enroll. If the child re-enrolls, his rights remain in place until he graduates or ages out of the program; or
• He is found legally incompetent in court. If a young adult is found incompetent, rights revert to the parent or legal guardian. In cases where there is no parent or legal guardian, the courts may appoint a case manager to oversee the adult's life.

Schools are required to advise parents or guardians of their rights in their native language, if possible, or provide interpreter services to ensure parents understand them.