SPED Parental Rights Outlined

Parental Rights - Kansas State Department of Education

You must have Adobe Acrobat Reader installed to access the above link.

Rights under the Family Educational Rights & Privacy Act

Exceptional children and their parents have certain rights in regard to special education services. These rights are safeguarded by state and federal statute. Those rights fall under seven guidelines.

• The right to inspect and be informed about records dealing with their child in special service programs.

• The right to independent educational evaluation under certain conditions.

• The right to notice before the Co-Op initiates or changes the placement of your child in a special services program.

• The right to consent or object to placement or changes of special education services.

• The right to request an impartial hearing regarding special educational matters which involve their child.

• The right to have full comprehensive and individual evaluation of a child’s educational needs.

• The right to have your child educated in the least restrictive of educational environments with non-handicapped students to the maximum extent appropriate.

With each of these rights come certain responsibilities for both the parents and the school system. Schools are there to help children grow and develop into capable adults. Schools need the help and cooperation of parents. If you would like a further explanation of any of these rights or if you would like to see them in full print, you may contact your Superintendent of Schools, your local Director of Special Education, the Administrator of your school building, the school psychologist who serves your district or the Special Education Outcomes Team at the Kansas State Board of Educational building in Topeka. The Special Services Cooperative of Wamego accepts parental referrals of students for evaluation as follows: 

Parental request must be made in writing and state the concerns they believe the student is having in school which prohibit normal progress. Information to support that belief should be included. The referral is then submitted to the building principal who will discuss the letter with the parents.

A pre-assessment team is required to meet for the purpose of discussing the concerns of the parents and to assess concerns in the educational environment for the student.  If further information is desired, feel free to contact the administrator in your school building, the director of special education, or the Kansas State Department of Education. The Special Education Co-Op phone number is 785-456-9195.

Top of Page

Rights under the Family Educational Rights and Privacy Act

To parents of students in USD 320, 323 & 329:

Under the Family Education Rights and Privacy Act (FERPA), the parents of students enrolled in any educational institution receiving federal funds are given certain rights concerning the school records of their children. The following rights are accorded to you under this act: 

1. You are entitled to have access to your child’s records upon request. This request should be directed to the custodian of the school records in question. Access must be granted to you within 45 days after receipt of the request by said custodian.

2. The school district has adopted policies in implementing this act. Copies of these policies may be obtained at the superintendent’s office or by contacting the superintendent.

3. The parent’s right of access shall include:

• The right to be provided a list of the types of educational records which are maintained by the Co-op and are directly related to their child.

• The right to inspect and review the content of those records.

• The right to obtain copies of those records, which may be at the expense of the parent or the eligible student, but not to exceed the actual cost of reproducing those records.

• The right to a response from the district to a reasonable request for explanations and interpretations of those records.

• The right to an opportunity for a hearing to challenge the content of those records.

• The right to inspect and review any materials or documents in the education records of that student which includes information on more than one student. Inspection and review includes only that part of the material or document as relates to that student or to be informed by the custodian of records of the specific information contained in that material.

• The right to a hearing to challenge the contents of your children’s education records to ensure records are not inaccurate, misleading, inappropriate, or in violation of the privacy of the student, and to insert into the record a written explanation respecting the content of the record.

4. Before any school records will be released to third parties other than school officials in other educational institutions in which you child has enrolled or intends to enroll, you must give your written consent to said release. This written consent must be presented to the custodial of records before she or he will release them. The written consent must include the following:

• The specific records to be released.

• The reason for such release.

• The name of the party or agency to whom the records will be released.

• Notification to you that you may receive a copy of the student’s records to be released, if you desire a copy at the actual cost of reproduction.

5. You have the right to obtain copies of your child’s student records with the cost of reproduction charged to you at the rate of $.15 per page.

6. You have the right to notification or transfer of your child’s student records and the right to challenge the contents of the records to be transferred.

7. You have the right to have the school district make a reasonable effort to notify you of the subpoena of your child’s educational records prior to the school district’s compliance with the subpoena.

8. You have the right to have the school district make a reasonable effort to notify you of the receipt of a judicial order by the custodian of the education records requiring the custodian to turn over your child’s education records to the court prior to compliance.

9. You have the right to file a written complaint with the Department of Education (FERPA), 400 Maryland Avenue SW, MES, Room 4074, Washington, D.C. 20202, of alleged violations to the act by the school district.

The school district has designated the following information as directory information:

• The student’s name, address, telephone number, date of birth.

• The student’s major field of study and class designation (such as, second grade, 10th grade).

• The student’s participation in officially recognized activities and sports.

• The weight and height of members of athletic teams.

• Date of attendance.

• Degrees and awards received.

• The most recent previous school district attended by the student.

• Name, address, and telephone number of the parents or guardian.

This information is considered public information which may be released by the school district without prior consent. You have 10 days from the date of this notice to inform the school district that any or all of the directory information should not be released without prior consent.

The custodian of records will maintain a log of persons, agencies or organizations who have access to educational records. This log will indicate the legitimate educational or other interest that each person, agency or organization had in seeking the student’s records. The log will be available only to a parent or legal guardian of the student and the custodian of records.

When your child becomes 18 years of age, all rights formerly accorded to you as a parent become the sole rights of the student, and you will no longer have the right of access to your child’s records.

Top of Page