Know Your Rights
People who are served by public or private agencies have specific rights. These rights generally affect people applying for services during the intake or eligibility determination process, and the termination of services by the agency. The rights of
people applying for or receiving services should be explained verbally, as well as in written form or in the method of communication used by the applicant or recipient.
Rights vary depending on the program and agency administering it. Certain groups have additional rights and protections. For example, the Ohio Legislature established a Bill of Rights for people with mental retardation or another developmental disability, and a mechanism for enforcing those rights. (Ohio Revised Code Sections 5123.62, 5123.63, 5123.64)
However, there are certain rights that are common to people applying for or receiving services from
public and private agencies. With a few exceptions, these list of rights include:
Generally, agency staff should not give information about you or your child or acknowledge whether or not you have applied for or are receiving services without your written permission. If you agree to the transfer of information to a person outside the agency, you must sign a "Release of Information" form that specifies to whom information will be released and why, and the specific period of time that the release will be in effect. Releases generally should not be for longer than a six month period. You should not sign a "blanket" release that doesn't specify to whom and why information will be released. If you sign a "blanket" release that can be filled in later or has no expiration date, information may be released without your knowledge, or to people or agencies to which you don't want to give information.
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The records an agency keeps when you apply for or receive services are about your child, and you have a right to know what is contained in them. There are very few circumstances in which an agency can restrict you from reading your child's record. If you ask to see your child's record and staff tell you that information will be withheld from you for "therapeutic treatment" reasons, these reasons must be documented in your child's record, explained to you, and services must be offered to help you to overcome these reasons. Only the sections that staff believe are not therapeutic can be kept from you, not the entire record. In such cases, you may be allowed to specify an advocate, friend or family member and give that person permission to review your child's entire record. If information about other clients is contained in your records, staff should redact their names or other identifying characteristics (black these out so the information is not readable).
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You and your child should be physically able to get to the places where you will need to file forms, have evaluations, or meet with staff. Buildings should be accessible for people with physical disabilities. If you can't read or hear, or if you have a learning disability, information must be given to you in a manner that you use and in language that you understand. You have the right to request other reasonable accommodations that meet your particular needs, and these accommodations must be supplied unless doing so would cause "undue burden" to the agency. What is undue burden depends on the circumstances; however, inconvenience or cost alone is rarely enough to create such a burden.
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The best decisions are generally made when people have given informed consent, meaning: 1) understanding the possible risks, benefits, and alternatives; 2) without coercion or threatens; and 3) with the ability to make a decision in the particular area of concern.
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If you don't understand why a person is attending a meeting or taking part in an evaluation, you can ask what their role is. If you do not believe they have a legitimate reason to be there, you may ask them to leave.
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The Individuals with Disabilities Education Improvement Act (IDEA) states that a free appropriate public education (known as FAPE) is available to all children with disabilities living in the state, ages 3 through 21, including children with disabilities who have been suspended or expelled from school, who need special education in order to benefit from public instruction.
Each child with a disability receiving special education must have an Individualized Education Program known as an IEP. Parents, surrogate parents and guardians are important members of the IEP team. Your child's IEP must include:
- present levels of educational performance, including how your child's disability affects involvement and progress in the general curriculum; for preschool children, how the disability affects your child's participation in appropriate activities
- measurable annual goals, including benchmarks or short-term objectives, related to meeting your child's needs that result from the disability to enable your child to be involved in and progress in the general curriculum, and meeting each of your child's other educational needs that result from the disability;
- the special education and related services and supplementary aids and services to be provided to, or on behalf of your child, and any program modifications or support for school personnel necessary for your child to advance toward attaining the annual goals, to be involved and progress in the general curriculum, and to participate in extracurricular and other nonacademic
activities, and to be educated and participate with other children with and without disabilities in activities;
- an explanation of the extent, if any, to which your child will not participate with children without disabilities in the regular class and in activities;
- any individual modifications in the State or district-wide assessments of student achievement that are needed in order for your child to participate in the assessment and if the IEP team determines that your child will not participate in the assessment a statement of why that assessment is not appropriate and how your child will be assessed;
- the projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration;
- beginning at age 14, and updated annually, a statement in the IEP of transition service needs that focus on your child's courses of study; beginning at age 16 (or younger), a statement of needed transition services for your child, including a statement of the interagency responsibilities or needed linkages;
- beginning at least one year before your child reaches the age of majority, a statement that your child has been informed of his or her rights that will transfer to the child on reaching the age of majority;
- and a statement of how your child's progress toward the annual goals will be measured and how parents will be regularly informed at least as often as parents of children without disabilities are informed, and the extent to which the progress is sufficient to enable your child to achieve the goals by the end of the year.
If you have a disagreement with the school about eligibility for special education, your child's IEP or any other area of special education, your child has procedural safeguards, including mediation and due process rights under federal and state law.
For more information about special education, see the Special Education section.
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You and your child must be allowed to participate in programs for which you are eligible without regard to your child's disability, and the program or employer must make reasonable accommodations for your child if they are necessary to allow her or him to participate. You also have a right to complain about discrimination to the appropriate agency without retaliation by the program or employer. If your child is employed, he or she should be careful to follow the general rules of the program or the employer that are not affected by the accommodations, for example, showing up on time for work. If work rules are not followed and the program or employment is terminated for that reason, proving a discrimination case can be very difficult, even if the employer has done other things that are discriminatory.
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Every agency should have written information about your child's rights. These should be discussed with you and a copy given to you. If you do not read, these rights must be given to you in a manner that you use and understand.
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For example, if you request copies of pertinent laws, regulations or policies, you should receive them in a timely manner.
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Determinations of eligibility, services or termination should be given to you in writing. If you decide to appeal, the written reasons for services or denials will be important. The written decision should also notify you of your appeal rights, and the procedure to appeal, including any time limits on appeal.
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Every agency must have an appeal process. If you believe you have been treated unfairly, do not agree with a denial of services, or don't believe you are receiving appropriate services, you can file a written grievance and/or file an appeal. If you believe you have been discriminated against, other remedies are available to you. Keep copies of your grievances, appeals and any relating correspondence. In some programs you may have additional rights.
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If you disagree with something that is written in your file, or if you believe there is an error in your file, you can try to have the problem corrected. If staff disagree with you and make a decision to keep information in your file that you believe is wrong or misleading, you can write a letter correcting the error or misinformation and have that document should be added to your file.
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If it helps you to have someone with you for support or as a witness, that person should be allowed to attend with you.
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