Electronic Service of Special Education Notices
Published on June 11, 2009 by john
Parents who have children with special education needs, possibly now more than ever, are advocating for their children with the associated teams at their local school districts. Special education is provided by local education agencies in order to assure that every child is provided a free and appropriate public education. The local agencies' provision of special education is governed by Federal law, specifically the Individuals with Disabilities Education Act (IDEA). The school district is required by federal law to provide the parent with written notice in several instances. School districts are required to provide parents written notice (1) of the fact that parents have a right to an independent educational evaluation, (2) prior notice of (a) proposal or refusal of initiation or change to the identification of the child as disabled, (b) an evaluation, or, (c) educational placement of the child, and (3) the parents right to procedural safeguards.
Many parents believe that these notices must be provided by mailing the notices to the parents. While the statute specifically provides that the notices must be in writing, school districts are also specifically permitted to provide notices by electronic mail. Because of this, parents of children that have Individual Education Plans and are provided special education services should be vigilant in updating their electronic mail address with school districts and school districts should assure that the notices sent by electronic mail are sent with some type of delivery confirmation.