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Fact Sheet: Legal Rights to Obtain High-Quality
Education
Parents whose children are in schools that don't measure up
and don't provide a uniformly high quality education to all students
need to know about the rights they can use to bring about change.
First, many laws protect a student's right to be in a school
that does a good job of helping him or her to meet high standards
for what all students should know and be able to do. For example:
- In schools receiving federal "Title I" funds, students
have a right to a high quality education that will help them
master high standards for what all students should know and be
able to do. For example, students must get an "accelerated"
and "enriched" curriculum so that students move ahead
at a faster pace, not fall further behind. Teachers must be "highly
qualified" and get lots of training on a regular basis about
how to teach this way. Students must be given effective extra
individual help whenever they are having a hard time meeting
any of the standards. Schools must make enough progress each
year so that every student will reach the high standards.
- Students with disabilities have rights to a program designed
to help them meet the same high standards expected for all students.
The written "IEP" (individualized education program)
should spell out how the child's special needs will be addressed
so that it does not pose a barrier to reaching these high standards.
An IEP which assumes lower goals and does not focus on these
standards is generally not legal. Nor is it generally legal to
assign a student with disabilities to a low track which does
not teach to these standards. These rights are protected by federal
laws - the "Individuals with Disabilities in Education Act"
(IDEA) and "Section 504."
- Students from a different language background with limited
ability to write, read, or speak English have rights to an effective
program which will overcome these language barriers so that they
can meet the same standards expected for all students. These
rights are also protected by federal laws - the "Equal Educational
Opportunities Act" of 1974 and "Title VI" of the
1964 Civil Rights Act.
- In schools which get federal aid for vocational or school-to-work
programs, students have a right to a high quality program which
integrates high-level academic and vocational skills so that
students are prepared to enter four-year college as well as work.
The programs must provide the students with strong understanding
and experience in "all aspects of the industry" they
are studying - such as planning, finance, management, and labor
- not just the skills to do a single job that may not be there
when they graduate. Students also have a right to the help they
need to succeed in the program if they have special needs because
of low income, low achievement, a disability, or limited English-language
skills, or because they are trying to enter a field is not traditional
for their sex. These rights are protected by the "Perkins"
vocational education act and the "School-to-Work Opportunities
Act."
- In many states, all students are guaranteed rights to high
quality education to allow them to reach the same standards expected
for all students. These rights may be found in the state constitution,
in school-reform laws passed by the state legislature, and in
the plans the states and school districts draw up to get federal
"Goals 2000" funds.
Second, parents also have rights they can use to make sure
that their children get this kind of high quality education.
For example,
- In "Title I" schools, parents have the right to
develop the program plan together with the school. Exactly how
that happens should be spelled out in a parent involvement policy
which the parents and the school develop together and the parents
approve, including a parent-school "compact" which
spells out what both the school and the parents will do to make
sure the student gets a high quality education to meet the standards.
Parents also are supposed to get good training and information
about the program, their rights, and how their own child is doing
in meeting the standards.
- Parents of students with disabilities must be fully involved
in deciding on the program for their child, including a full
part in the evaluation of their child and in working out and
approving the child's "IEP." If a school does not agree
to provide the high quality education the law calls for, the
parent can recover the lawyer's fees and other costs involved
in winning their case in a hearing or court action.
- Under the First Amendment to the U.S. Constitution, parents
have rights to speak out, pass out literature, form an organization
with others, peacefully demonstrate, and petition for change.
Various federal laws and state procedures also spell out ways
to file complaints.
- Under "FERPA" (the federal Family Educational Rights
and Privacy Act), parents have the right to see the information
the school system and its staff keeps about their child. In most
states, parents and others can also see "public records"
- the information that is not specific to an individual.
These are just a few of the rights that parents can use to
make sure their students get a high quality education. In future
issues of the newsletter, we will discuss some of them in more
detail. CAPS members can also get CLE "fact sheets"
and other information on some of these rights.
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