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6 Principles of Idea

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Due Process Safeguards (cont.)

* When the school and parents disagree on the identification, evaluation, placement, or provision of a free, appropriate public education and related services for the child, the parents may request a due process hearing. States are also required to offer parents an opportunity to resolve the matter through mediation by a third party before holding a due process hearing.

* Parents have the right to attorney’s fees if they prevail in due process or judicial proceedings under IDEA.

* IDEA also includes provisions that allow the court to award reasonable attorney’s fees to the prevailing school district against the attorney of a parent, or the parent who files a complaint that is frivolous, unreasonable, without foundation, or filed for any improper purpose, such as to harass.

Parent & Student Participation and Shared Decision Making

The Parent/Student Participation principle provides for shared decision making between the parents, the student and the school.

* Parents have the right to be notified of all evaluations and reevaluations of their child. * Parents have the right to receive copies of all evaluations and documentation regarding their child. * Parents have the right to have access their child’s educational records. * Parents have the right to be full members of the the team which evaluates their child. * Parents and students have the right to be a part of the team which develops the IEP and makes educational decisions for the student.
The 6 Principles of IDEA
Least Restrictive Environment As part of providing FAPE, schools must educate students with disabilities in the least restrictive environment possible, or LRE. This means that students with disabilities must be educated with their nondisabled peers to the maximum extent appropriate.
Additionally, students with disabilities...

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