This guide helps you understand your rights and responsibilities regarding special education. It is not a substitute for the full version of the Parents' Rights outlined in the Individuals with Disabilities Education Act (IDEA) and the Rules of the Colorado State Board of Education. View the full Colorado Procedural Safeguards Notice at the Colorado Department of Education website.
Informed Parental Consent
The school district must obtain your written permission before:
- Evaluating or reevaluating your child for special education
- Starting special education services in an initial IEP
- Changing educational placement or services
- Sharing information about your child beyond what is allowed by law
Note: Consent is not required when reviewing existing information or administering assessments given to all students.
Prior Written Notice
You will receive written notice before the district proposes or refuses changes related to identification, evaluation, educational placement, or services connected to a Free Appropriate Public Education (FAPE).
Access to Educational Records
Parents have the right to inspect and review their child's education records held by the school district. You may also authorize someone, such as an advocate or attorney, to review the records on your behalf. Access must be provided within 45 calendar days of your request.
In most cases, the school district must obtain your written permission before sharing education records that identify your child, although certain exceptions exist under FERPA. Parents also have the right to request corrections if information in the record is inaccurate, misleading, or violates student rights.
Evaluation and Eligibility
Parents or school staff may request an evaluation if a child may need special education services. After written consent is provided, the initial evaluation must be completed within 60 days. Eligibility means a student has a disability that impacts learning and requires specialized instruction or supports to benefit from general education.
Independent Educational Evaluation (IEE)
If you disagree with a district evaluation, you may request an Independent Educational Evaluation. The district must either provide information about obtaining an IEE or request due process to show its evaluation was appropriate. Families may also obtain a private evaluation, and the IEP team must consider the results.
Child's Status During Due Process – "Stay Put"
If a due process complaint is filed, your child generally remains in their current educational placement while the disagreement is resolved unless you and the school district agree to a change. The current placement is the one described in the most recently implemented IEP. Stay-put applies only to due process complaints, not mediation or state complaints. Special rules may apply in certain situations.
Disciplinary Procedures for Children with Disabilities
If your child is removed from school for more than 10 school days, the school must continue to provide special education services, even if in another educational setting. Removals exceeding 10 consecutive school days, or a series totaling 10 days in the same school year, are considered a change in educational placement.
Before changing your child's placement for disciplinary reasons, the school must ensure your child is not being penalized for actions caused by their disability and determine if additional behavioral evaluation and supports are needed.
A Manifestation Determination Review (MDR) is a meeting to decide if your child's behavior was caused by or had a direct and substantial relationship to their disability, or was caused by a failure to implement the IEP. The IEP team must hold this meeting within 10 school days of any decision to change placement.
Dispute Resolution Options
If a disagreement arises with the school district, you have the following rights:
- Mediation: Request mediation to resolve disputes with the help of a trained mediator.
- Due Process Hearing: Request a due process hearing if disputes are not resolved through other means.
- State Complaint: File a state complaint if you believe a special education law, rule, or regulation has been violated.
Helpful Terms
- FAPE – Free Appropriate Public Education
- A free public education designed to meet your child's individual needs and support meaningful progress.
- LRE – Least Restrictive Environment
- Students learn alongside peers without disabilities as much as possible while receiving needed supports.
- IEP – Individualized Education Program
- A written plan outlining goals, services, accommodations, and placement, reviewed at least annually.
- Accommodations
- Remove barriers without changing learning expectations (examples include extended time or assistive technology).
- Modifications
- Change or simplify learning expectations or curriculum requirements.
- 504 Plan
- Provides accommodations ensuring equal access without specialized instruction.