January Parent Rights Refresher: Common Rights Schools Get Wrong After Winter Break

By: Mattelin McReynolds, Advocate

When students return from winter break, teams often adjust routines, schedules, and expectations. This is also the time of year when misunderstandings about parent rights tend to surface. January is a great opportunity to review what parents are legally entitled to so the rest of the school year starts on a strong and compliant foundation.

Below are the most common parent rights that schools misunderstand or overlook after break, along with clear guidance on what you can ask for.

1. The Right to Meaningful Parent Participation

Parents must be able to contribute to planning, drafting, and reviewing the IEP or 504 Plan.
What often happens: Teams meet internally or finalize documents before parents have a chance to give input.
What you can say: Please send drafts, data, and proposed changes ahead of time so I can participate meaningfully as required by IDEA.

2. The Right to Prior Written Notice (PWN)

Any decision to change or decline services, placement, evaluation, or identification requires written notice.
What often happens: Schedules shift, services are reduced, or providers change without any formal notice.
What you can say: Since this is a proposed or refused action, I am requesting Prior Written Notice that explains the rationale and data used.

3. The Right to Updated Evaluation Data

New challenges often surface after break. Parents have the right to request updated data or evaluations.
What often happens: Staff rely on informal observations instead of current assessment data.
What you can say: I am requesting updated data or consideration for additional evaluation due to the new patterns that have emerged.

4. The Right to Review All Educational Records

Parents can access service logs, discipline reports, incident records, drafts, and progress monitoring.
What often happens: Schools provide summaries instead of the actual records.
What you can say: Please provide copies of the complete records so I can review the data directly rather than a summary of it.

5. The Right to Request an IEP Meeting at Any Time

Parents do not need to wait for annual or scheduled meetings.
What often happens: Teams tell families to wait until spring meetings or the next review period.
What you can say: I am requesting an IEP meeting to discuss current concerns and needed adjustments.

6. The Right to Behavior Supports Based on Data

Behavior changes after winter break are common and often connected to disability needs.
What often happens: Increased discipline is used instead of adjusting supports or collecting new data.
What you can say: Please begin collecting structured behavior data so we can determine if an updated FBA or BIP is needed.

7. The Right to Comparable Services After Any Change

Service frequency, duration, and type must remain consistent even if staff or schedules change.
What often happens: Students lose services during transitions or when providers are unavailable.
What you can say: Please clarify how comparable services will be maintained during this change.

8. The Right to Communicate With the Team

Parents are allowed to communicate appropriately with teachers and service providers.
What often happens: Schools limit parent contact to one designated staff member.
What you can say: I would like to continue communicating with the team as needed and appropriate. Please send the policy if there is a restriction.

9. The Right to Updated Progress Monitoring

Parents can request fresh academic and behavior data whenever concerns arise.
What often happens: Teams say they can only provide updates at quarter or semester intervals.
What you can say: Please provide the most recent progress monitoring data for each goal so we can review current trends.

10. The Right to FAPE Every Day of the School Year

Students are entitled to consistent services regardless of district staffing or schedule changes.
What often happens: Students miss services because of building changes, provider shortages, or internal restructuring.
What you can say: Please confirm how the school will ensure that services in the IEP are delivered consistently each week.

What Parents Can Ask for This January

• A full copy of special education records

• Updated progress data

• Clarification on any schedule, service, or provider changes

• A meeting to revise the IEP/504

• Drafts of proposed documents before the meeting

• An FBA or updated BIP if behavior has changed

• Prior Written Notice for any district decisions

January is a powerful reset point, for families and schools. When parents know their rights, they can walk confidently into the new semester and ensure their child’s support is consistent, legally compliant, and tailored to their needs.

If you need help reviewing data or requesting corrections after winter break, Education Advocates of America is here to support you every step of the way.