IEP parent engagement bill introduced at the State House

The Rhode Island General Assembly is considering legislation that will help parents participate meaningfully in decisions about their child’s special education. Among other provisions, the bill seeks to prevent schools from altering the special education services a student receives without a parent’s signature.

Introduced by Senator Alana DiMario (D-North Kingstown, Narragansett, New Shoreham) and Representative Rebecca Kislak (D-Providence), S 0180 and H 5772 would also reform the process for developing an individualized education program (IEP) to guarantee parents’ rights to access certain information about their child’s education in a timely manner.

“Right now, when parents disagree with the school over changes to their child’s IEP, their only recourse is to initiate an expensive and time-consuming due process challenge,” said RIPIN Executive Director Sam Salganik. “The reforms proposed in Sen. DiMario and Rep. Kislak’s bills give parents more tools and will help them participate in the IEP process in a more meaningful way.” He added that the bill’s reforms are already law in several states, including Massachusetts.

In addition to requiring written parental consent for IEP changes, the legislation would also require schools to send evaluation reports and other documents at least seven days before an IEP meeting and would guarantee parents the right to observe proposed placements for their child ahead of time.

Shifting the due process burden from parents to schools

Under the IDEA—the federal law that governs special education—a student’s IEP is developed through a collaborative process. Parents, educators, and administrators are all members of the IEP team, which may also include service providers and other experts. The IEP team works together to develop a set of goals for the student and identify the necessary supports and programs that the student needs to reach those goals. The IEP is reviewed at least once a year and revised according to the student’s current needs.

Most of the time, this process happens without any dispute between parents and schools. In cases where they don’t agree, the IDEA spells out specific dispute resolution processes that either parents or schools can initiate.

But under current Rhode Island law, when a school wants to change a student’s IEP, but that student’s parent doesn’t agree to the change, it is up to the parent to seek dispute resolution—a process that can be time-consuming, difficult to navigate, and may involve expensive attorney fees. If the parent fails to file an appeal, for example if they can’t afford legal help, then the school can implement the changes even if the parent disagrees.

If this legislation is enacted, a school would have to obtain written informed consent from the student’s parent or guardian before any proposed IEP changes could take effect. Parents could consent in whole or in part, and withholding consent from any aspect of the IEP would not prevent the implementation of any mutually agreed changes. Schools would still have the right to seek dispute resolution as they do now.

Informing consent through observation and timely access to documents

In addition to requiring parents to sign off on IEP changes, the bill would also require that schools share documents relevant to a student’s IEP with parents at least seven days before any IEP meeting. These would include evaluation reports and draft versions of the IEP itself, which parents currently often don’t see until they arrive at the IEP meeting.

While some school districts already provide these documents in advance, others do not, or only do so if the parent requests them—something not all parents know to do. At many IEP meetings, parents are presented with dense multi-page evaluations and a proposed IEP for next year, with only one meeting (often 45 minutes) to review and digest the information and respond.

Parental access to observe programs or placements that may be proposed in their child’s IEP is similarly inconsistent, with schools giving parents who request it the opportunity to observe on a case-by-case basis. In some cases, parents are asked to send children as young as three years old to a school or program without having the opportunity to visit it first. The legislation would guarantee parents statewide the right to observe proposed programs and placements before agreeing to them.

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