Focus Adolescent Services: Your Rights in the Special Education Process

Your child is entitled to a free, appropriate public education meaning it is at no cost to you as parents and it meets the unique educational needs of your child.

You will be notified whenever the school wishes to evaluate your child for potential special education needs, wants to change your child's educational placement, or refuses your request for an evaluation or a change in placement.

You may request an evaluation if you think your child needs special education or related services.

These are the steps you need to take:

Initially, meet with your child's teacher to share your concerns and request an evaluation by the school's child study team.
All requests for evaluations and services should be made in writing, and dated. Always keep a copy for your records.
Keep careful records, including observations reported by your child's teachers and any communications (notes, reports, letters, etc.) between home and school.
Parents can also request independent professional evaluations.

You should be asked by your school to provide "informed consent" (meaning you understand and agree in writing to the evaluation and educational program decisions for your child). Your consent is voluntary and may be withdrawn at any time.

You may obtain an independent evaluation if you disagree with the outcome of the school's evaluation.

You have the right to appeal the conclusions and determination of the school's evaluation. The findings of school's evaluation team are not final. The school is required to provide you with information about how to make an appeal.

You may request a reevaluation if you think your child's current educational placement is no longer appropriate. The school must reevaluate your child at least every three years, but your child's educational program must be reviewed at least once during each calendar year.

You may have your child tested for special education needs in the language he or she knows best.

You may review all of your child's records and obtain copies of these records, but the school may charge you a reasonable fee for making copies. Only you, as parents, and those persons directly involved in the education of your child will be given access to personal records. If you feel that any of the information in your child's records is inaccurate, misleading, or violates the privacy or other rights of your child, you may request that the information be changed. If the school refuses your request, you have the right to request a hearing to challenge the questionable information in your child's records; you may also file a complaint with your state education agency.

You must be fully informed by the school about all of the rights provided to you and your child under the law.

You may participate in the development of your child's Individualized Education Program (IEP) or, in the case of a child younger than four years old, the development of an Individualized Family Service Plan (IFSP). The IEP and IFSP are written statements of the educational program designed to meet your child's unique needs. The school must make every possible effort to notify you of the IEP or IFSP meeting and to arrange the meeting at a time and place that is convenient for both you and the school.

Examples of categories of services in IEPs include: Occupational Therapy, Physical Therapy, Speech and Language Therapy, and/or the provision of a classroom aide.

You may participate in all IEP or IFSP team decisions, including placement.

You may request an IEP or IFSP meeting at any time during the school year.

You may have your child educated in the least restrictive school setting possible. The school should make every effort to develop an educational program that will provide your child with the services and supports needed in order to be taught with children who do not have disabilities.

You may request a due process hearing or voluntary mediation to resolve differences with the school that can't be resolved informally. Make your request in writing, date your request, and keep a copy for your records.

You should be kept informed about your child's progress at least as often as parents of children who do not have disabilities.

Advocate for Your Child

Children with special needs are guaranteed rights to services in school under federal and state laws. Parents should always advocate for their child.

Here are some tips:

Parents must be proactive and take necessary steps to make sure their child receives appropriate services.

Parents should request copies of their school district's Section 504 plan. This is especially important when a school district refuses services.

If the school district does not respond to your request, you can contact a U.S. Department of Education Office of Civil Rights Regional Office for assistance.

If the school district refuses services under the IDEA or Section 504 or both, you may choose to challenge this decision through a due process hearing.

It may also be necessary to retain your own attorney if you decide to appeal a school's decision.

BACK TO: Special Education

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More Information on Special Education

Back-To-School Checklist ~ Questions and tips for parents, schools, and the community on academic curriculum and achievement, how schools can help parents and students, teacher training and quality, student discipline, and measuring the progress of students with disabilities.

Basic Guidelines for Choosing an Attorney to represent your child's interests in Special Education ~ If you have a child with a disability, you may find that you need legal support to get the educational services your child needs. Attorneys who have licenses to practice law provide legal advice, help and support; they can represent you in court and in due process hearings.

Chronic Fatigue and Immune Dysfunction Syndrome: Educational Rights, Responsibilities and Options ~ This comprehensive article guides parents in educating the school about CFIDS, advocating for their child, and working to identify their child's unique academic strengths and weaknesses. Also read What Schools Need to Know About CFIDS.

Disabilities Which Qualify Children and Youth For Special Education Services ~ IDEA defines "children with disabilities" as having any of the following types of disabilities: autism, deaf, deaf-blindness, hearing impairments (including deafness), mental retardation, multiple disabilities, orthopedic impairments, other health impairments, serious emotional disturbance, specific learning disabilities, speech or language impairments, traumatic brain injury, and visual impairments (including blindness).

Disciplinary Exclusion of Students with Disabilities ~ When children with disabilities are suspended, expelled, or otherwise denied education for discipline reasons, several statutory provisions and regulations protect their rights. Advocates should understand the various aspects of these rights articulated in IDEA, its regulations, and section 504.

Discipline Flowchart: Students with Disabilities in Public Schools (pdf) ~ This easy-to-follow chart guides parents through the process when their child breaks a published school rule.

Failing to Qualify: The First Step to Failure in School? (pdf) ~ IDEA is supposed to ensure that all children with disabilities have access to an appropriate public education. However, schools may be barring that access for many children with mental and emotional disorders by using inadequate assessment rules. This brief illustrates the need for federal policy changes to encourage earlier and more accurate identification of children with mental and emotional disorders under the IDEA.

A Free Appropriate Public Education: Using Insurance to Pay for Special Education and Related Services ~ Information on the legal requirement that special education and related services be made available “free” to eligible students with disabilities, with special attention to the circumstances under which a child’s insurance, including Medicaid and other public health insurance programs, can be used to pay for services.

From Emotions to Advocacy: The Parent's Journey ~ Becoming an advocate means becoming an expert. In the course of this journey, parents need to learn all that they can about their child’s particular disabling condition and how this condition can be remediated.

How To Participate in Your Child's IEP Meeting ~ As the parent of a child with special education needs, you should learn how to use the IEP (Individualized Education Program) process as an effective tool to obtain appropriate special education and related services for your child.

The IEP Cycle ~ Comprehensive and step-by-step information on the special education process.

Special Education Placement ~ How can parents obtain placement for their child at a school that is not on the state's "approved" list?

Teaming Up: Using the IDEA and Medicaid to Secure Comprehensive Mental Health Services for Children and Youth (pdf) ~ This publication is designed to inform practitioners — IDEA attorneys and advocates who are not familiar with Medicaid, and Medicaid attorneys and advocates who do not know the IDEA or who have little experience in using Medicaid — how they may obtain the services and supports needed by children with emotional and behavioral disorders.