Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding education rights of the disabled is brought to you as a public service by the lawyers of the State of Oregon. This topic covers the federal and state laws that entitle children with disabilities with appropriate education, including special education. The role of the parents in the child’s education, and rights parents have regarding their child’s evaluation and the education services provided also are discussed. The material presented is intended to alert you to possible legal problems and solutions.

The federal law known as the Individuals with Disabilities Education Act, or IDEA, and state laws provide important educational opportunities for children with disabilities. Under these laws, eligible children between the ages of three and 21 are entitled to an appropriate education, including special education and related services, at public expense. In addition, certain services are available for children with disabilities from ages birth to three.

School districts must, with parental consent, provide thorough evaluations for each child suspected of having special learning needs. After completion of the evaluation, a group of knowledgeable persons, including the parents, will determine whether the child is eligible for services. If the child is found to be eligible, an individualized education program or "IEP," will be prepared for the child. The IEP includes goals for the child’s education and establishes the level of services that the school will provide to attain those goals. The school must provide the services in the least restrictive placement appropriate. The IEP and placement must be reviewed at least yearly to determine if the child is making progress and to make any changes necessary.

An eligible child must be reevaluated at least once every three years unless the IEP team determines that no additional information is needed to determine continued eligibility. In that case, the school district must notify the parents of that decision and is not required to do a new evaluation unless the parents request it.

Parents must be given opportunities to participate in meetings about the evaluation, eligibility, and educational placement of their child, and other matters relating to their child’s free appropriate public education. This includes the right to participate in meetings to develop and revise their child’s IEP.

In addition to participating in decision-making, parents are entitled to written notice from the school district after important decisions are made that affect their child’s special education. They also have the right to written notice when the district refuses a request from the parents regarding their child’s eligibility, evaluation, IEP, or placement.

Parental consent is required before the school district evaluates a child for eligibility, places the child in a special education program for the first time, or reevaluates the child. If the parent does not consent, the district may request a hearing before a neutral hearings officer to obtain permission for the requested action.

If parents disagree with an evaluation completed by the school district, they may request an independent educational evaluation at school district expense. School districts maintain a list of agencies qualified to conduct independent evaluations. This list is available to parents on request

Parents have a right to inspect and review their child’s education records without unnecessary delay and, in any case, within 45 days of their request. School districts have a detailed written policy that describes this and other parental rights concerning education records. This policy is available to parents on request.

If parents have concerns about their child’s special education services, the first step is to talk to the child’s teacher, principal or case manager or the district’s special education administrator. If disputes are not resolved at that level, parents can take further steps, including a request for mediation, a written complaint to the Oregon Department of Education, or a request for a due process hearing.

Mediation is a voluntary process. Both the parents and the school district must agree to try it before a mediator will be appointed. A mediator is a neutral person who is trained in strategies to help people come to agreement over difficult issues. The cost of mediation will be paid by the district or the Oregon Department of Education. More information about mediation can be obtained by calling the Oregon Department of Education in Salem at 503-378-3569.

A written complaint may be filed with the Oregon Department of Education if the parents believe the district has violated the IDEA. The complaint must describe the problem, including the specific facts. The Oregon Department of Education will investigate the complaint and prepare a written Order, usually within 60 days.

A due process hearing is a formal legal proceeding before a neutral hearing officer. Parents may request a due process hearing if they disagree with the evaluation, placement, educational program or other aspects of their child’s free appropriate public education. Hearing requests are made to the State Superintendent of Public Instruction at the Oregon Department of Education. The decision of the hearing officer is final except that the losing party may challenge the decision by filing a civil action in court within 120 days of the final order. Parents who prevail in a hearing or in court may be reimbursed for some or all of their attorney fees.

Some children may have a disability that affects a major life activity but does not fit any of the disability categories under the IDEA. These children may be protected by a different law, Section 504 of the Rehabilitation Act of 1973. A child’s rights under Section 504 are in many ways similar to those under the IDEA, but there are important differences, Each school district has a Section 504 coordinator who can provide more information about these rights.

For more information about the education rights of children with disabilities, parents may contact the special education department at their local school district, the Oregon Department of Education at 503-378-3569, the Parent Training and Information Center, 503-581 8156, or the Oregon Advocacy Center, in Portland at 503-243-2081 or toll free at 800-452-1694.

 

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.