Understanding Your Child’s Rights Under Special Education Law

If your child is struggling in school due to a disability, special education law provides important protections to ensure they receive appropriate support. Understanding the basics can help parents advocate effectively and recognize when a school may not be meeting its legal obligations.

The Right to a Free Appropriate Public Education (FAPE)

Under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1400 et seq., eligible students are entitled to a Free Appropriate Public Education (FAPE). This means schools must provide individualized instruction and services designed to help a child make meaningful educational progress—not just minimal improvement.

Schools Have a Duty to Identify and Evaluate

Schools have an obligation called Child Find, required by IDEA (20 U.S.C. §1412(a)(3)), which mandates that schools identify and evaluate students who may have disabilities. Parents do not need to wait for the school to act; a written request for an evaluation can be made at any time, even if the child is passing grades.

Evaluations must be comprehensive and assess all areas of suspected need. When school evaluations are incomplete or inaccurate, parents may have the right to request an Independent Educational Evaluation (IEE) at public expense (20 U.S.C. §1415(b)(1)).

IEPs and 504 Plans Are Not the Same

• Individualized Education Programs (IEPs) provide specialized instruction, services, and measurable goals under IDEA (20 U.S.C. §1414(d)).

• Section 504 Plans, under Section 504 of the Rehabilitation Act, 29 U.S.C. §794, provide accommodations but do not include specialized instruction.

The appropriate plan depends on the child’s needs, not the school’s preference.

Parents Have Legal Rights

Parents have the right to:

• Participate in educational decisions

• Review educational records

• Receive prior written notice of changes

• Consent or refuse consent to evaluations and services

• Challenge school decisions (20 U.S.C. §1415)

If a child is not making progress, the law requires the school to reconvene the IEP team and revise the plan.

When to Seek Legal Help

Delays, refusals to evaluate, or failure to implement services may indicate legal violations. A special education attorney can help parents understand their rights, review school decisions, and advocate for appropriate services.

If your child is not receiving the support they need, early action matters.

Disclaimer:

The information provided on this blog is for general informational purposes only and is not legal advice. Reading this blog does not create an attorney-client relationship. Every child’s situation is unique, and laws vary by state.