Protecting Your Child’s Rights.
Navigating the special education system can be overwhelming and emotionally taxing. The Law Office of Janina Botchis provides peace of mind by handling the legal aspects, allowing you to focus on supporting your child. I ensure that your child’s rights are not only recognized but fully exercised, helping to secure the services and support your child needs to access their education.
Procedural safeguards under the Individuals with Disabilities Education Act (IDEA) are legal protections designed to ensure that the rights of children with disabilities and their parents are upheld throughout the special education process. These safeguards provide parents with critical rights to participate in their child's education, access important information, and challenge decisions made by the school district. They include but are not limited to:
Informed Consent: Before conducting any evaluations, providing special education services, or making significant changes to a child's Individualized Education Program (IEP), the school must obtain informed consent from the parents.
Right to Participate: Parents have the right to be involved in all aspects of their child's education. This includes participating in meetings related to the identification, evaluation, and placement of their child, as well as the development and review of their IEP.
Access to Educational Records: Parents have the right to access all educational records related to their child. This includes evaluation reports, IEP documents, and any other records that the school maintains that are relevant to their child’s education.
Due Process Hearing: If parents believe that their child's rights under IDEA have been violated, they can request a due process hearing. This is a formal legal proceeding where both the parents and the school district present evidence before an impartial hearing officer, who then makes a decision.
Right to Legal Representation: Parents have the right to be represented by an attorney or another person with knowledge of special education law at any point in the process, including in IEP meetings, mediation sessions, and due process hearings.