Your rights

Twenty rights every family should know

• Free appropriate public education (FAPE)

  Your eligible child has the right to special education and related services at no cost to you, that meet state standards, and that follow an IEPWhat does IEP mean??. This covers ages 3 through 21, including children who are suspended or expelled. Your state may add rules.

  The law: 34 CFR 300.17; 34 CFR 300.101(a); 34 CFR 300.102(a)(1)

• A copy of your rights (procedural safeguards notice)

  The school must give you a written explanation of your rights once a year. You also get it when you first ask for an evaluation, when you file your first complaint of the year, on a discipline change of placement, and any time you ask. It must be in language you understand.

  The law: 34 CFR 300.504(a); 34 CFR 300.504(d)

• Prior written notice

  Before the school starts, changes, or refuses to start or change anything about your child's evaluation, eligibility, placement, or services, it must tell you in writing. The notice must say what, why, what it used to decide, and what other options it rejected.

  The law: 34 CFR 300.503(a); 34 CFR 300.503(b)

• Consent

  The school needs your informed written consent before the first evaluation, before services start the first time, and before reevaluation testing. Consent is voluntary. You can revoke consent for all services in writing. The school must give prior written notice before services stop.

  The law: 34 CFR 300.9; 34 CFR 300.300(a); 34 CFR 300.300(b); 34 CFR 300.300(c)

• Independent educational evaluation (IEE) at public expense

  If you disagree with the school's evaluation, you can ask for an evaluation by someone outside the school, paid for by the school. Without unnecessary delay, the school must either pay for it or file for a hearing to show its own evaluation was right. The school may ask why you disagree, but you do not have to explain. The school must consider any outside evaluation you share.

  The law: 34 CFR 300.502(b)(1); 34 CFR 300.502(b)(2); 34 CFR 300.502(b)(4); 34 CFR 300.502(c)

• Seeing your child's records (45 day rule)

  You can look at and review your child's education records. The school must respond without unnecessary delay, before any IEP meeting or hearing, and in no case more than 45 days after you ask. You can ask for explanations, ask for copies if you could not see them otherwise, and ask to fix records that are wrong.

  The law: 34 CFR 300.613(a); 34 CFR 300.613(b); 34 CFR 300.618; 34 CFR 99.10(b)

• Taking part in meetings

  You have the right to take part in meetings about your child's evaluation, eligibility, placement, and services. The school must give you notice early, set a time and place you agree on, offer phone or video if you cannot come, and provide an interpreter if needed.

  The law: 34 CFR 300.501(b); 34 CFR 300.322(a); 34 CFR 300.322(c); 34 CFR 300.322(e); 34 CFR 300.328

• Bringing people who know your child

  You can invite other people who have knowledge or special expertise about your child to the IEP meeting. You decide whether the person you invite has that knowledge.

  The law: 34 CFR 300.321(a)(6); 34 CFR 300.321(c)

• Placement and least restrictive environment

  You must be a member of any group that decides your child's placement. Your child should learn alongside children without disabilities as much as appropriate. Removal from regular class happens only if supports and services in regular class cannot work well.

  The law: 34 CFR 300.114(a)(2); 34 CFR 300.116; 34 CFR 300.327

• Stay put

  While a due process complaint is pending, your child stays in the current placement unless you and the school agree otherwise. There are exceptions for some discipline cases.

  The law: 34 CFR 300.518(a); 34 CFR 300.533

• Discipline: the 10 day rule and manifestation determination

  A school can remove your child for up to 10 school days in a row, like other students. After 10 total days in a school year, services must continue. A removal of more than 10 days in a row, or a pattern adding up to more than 10, is a change of placement. Within 10 school days of that decision, you and the team must meet to decide if the behavior was caused by the disability or by the school not following the IEP (a manifestation determination). If yes, your child usually returns to the placement and the team does or reviews a functional behavioral assessment and behavior plan. Weapons, drugs, and serious bodily injury have special rules (up to 45 school days).

  The law: 34 CFR 300.530(b); 34 CFR 300.530(d); 34 CFR 300.530(e); 34 CFR 300.530(f); 34 CFR 300.530(g); 34 CFR 300.536

• Extended school year (ESY)

  If your child needs services beyond the regular school year to receive FAPE, the IEP team must provide them at no cost. The school cannot limit ESY to certain disability categories or set the type, amount, or length on its own. States set standards for ESY. Your state may add rules.

  The law: 34 CFR 300.106

• Mediation

  Mediation is a free, voluntary meeting with a trained, neutral mediator. It can be used before or after filing a complaint. Talks are confidential. A signed agreement can be enforced in court. Mediation cannot be used to delay your right to a hearing.

  The law: 34 CFR 300.506

• State complaint (1 year limit, 60 day timeline)

  Anyone can file a signed written complaint with the state education agency saying a school broke an IDEA rule. It must be about something that happened within the last 1 year. The state has 60 days to investigate and send a written decision, unless the time is extended for exceptional reasons or for mediation. Send a copy to the school district when you file.

  The law: 34 CFR 300.151; 34 CFR 300.152(a); 34 CFR 300.152(b); 34 CFR 300.153

• Due process complaint and hearing (2 year limit)

  You can file a due process complaint about evaluation, eligibility, placement, or FAPE. It must be about something you knew or should have known about within the last 2 years, unless your state sets a different limit. A hearing decision is due within 45 days after the resolution period, unless extended. Your state may add rules.

  The law: 34 CFR 300.507(a); 34 CFR 300.511(e); 34 CFR 300.511(f); 34 CFR 300.515(a)

• Resolution meeting

  Within 15 days after getting your due process complaint, the district must hold a resolution meeting with you, unless you both agree in writing to skip it or use mediation. The district can bring a lawyer only if you bring one. If not resolved in 30 days, the hearing can go forward. If you sign an agreement, either side can cancel it within 3 business days.

  The law: 34 CFR 300.510(a); 34 CFR 300.510(b); 34 CFR 300.510(e)

• Children placed in private school by parents (equitable services)

  If you choose a private school, your child is still part of Child Find. But your child does not have an individual right to all the services they would get in public school. The district decides what equitable services to offer and writes a services plan. Most disputes go to state complaint, not due process, except Child Find. If the district did not offer FAPE in time, a hearing officer or court may order repayment of private school costs, but there are notice rules (such as 10 business days written notice).

  The law: 34 CFR 300.130; 34 CFR 300.137; 34 CFR 300.140; 34 CFR 300.148

• Attorney fees

  If you win at a due process hearing or in court, a judge may order the school to pay your reasonable attorney fees. Fees are usually not paid for IEP meetings or resolution meetings. Fees can be limited if you turn down a settlement offer and do not get a better result.

  The law: 34 CFR 300.517(a); 34 CFR 300.517(c)(2)

• Transfer of rights at age of majority

  In many states, IDEA rights move from parent to student at the age of majority. The IEP must say the student was told at least one year before. Your state may add rules.

  The law: 34 CFR 300.320(c); 34 CFR 300.520(a)

• Section 504 rights

  A student with a disability covered by Section 504 has the right to a free appropriate public education, an evaluation before placement, notice, records, an impartial hearing, and a review. You can file a complaint with the U.S. Office for Civil Rights, generally within 180 days.

  The law: 34 CFR 104.33; 34 CFR 104.35; 34 CFR 104.36; 34 CFR 100.7(b) (180 day filing limit), applied to Section 504 by 34 CFR 104.61

Using your rights