Parents of children with special needs attempting to access a Free and Appropriate Public Education (FAPE) are entitled to non-counsel representation (advocacy) as stipulated and protected under the Individuals with Disabilities Education Act (IDEA), through both the federal statutes and its regulations.  Pursuant to 20 U.S.C. §1414(d)(1)(B)(vi), the IEP team may include “individuals who have knowledge or special expertise regarding the child” at the discretion of "the parent or the agency."  Under 34 C.F.R § 300.613(b)(3) of the IDEA regulations, parents have the “right to have a representative of the parent inspect and review the records.”  

 

Additionally,  a school district cannot exclude a parent’s advocate from an IEP meeting or from advocating on behalf of a child.  This could be deemed deprivation of meaningful participation in the child’s education as required by the IDEA.  If advocacy fails to bring about the desired lawful result and the parent decides to file for due process, the parent could argue denial of meaningful participation.  Under the IDEA, a hearing officer may find a denial of FAPE due to a procedural violation if the procedural violation “significantly impeded the parents' opportunity to participate in the decision making process regarding the provision of a free appropriate public education to the parents' child.” 20 U.S.C. § 1415(f)(3)(E)(ii)(II).  

 

Further, if a school district excludes an advocate from participating in IEP meetings or from advising families in the IEP process, the advocate may consider pursuing a claim for retaliation under § 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA).  While our primary goal will always be to resolve any parental-school based differences as amicably, expediently and professionally as possible, IEPconnect will exercise its rights to pursue claim retaliatory actions on behalf of our parents if necessary.  In related circumstances, IEPconnect may also advise and connect parents with legal counsel as it pertains to their demographic and needs.