School & rights

School isn't working

School problems — from a teacher who doesn't understand to an IEP that isn't being followed — all have the same foundation: IDEA gives your child enforceable rights that exist regardless of what the district says.

The 30-second version

  • Your child has the right to a Free Appropriate Public Education (FAPE) under IDEA — this is federal law.
  • Schools must evaluate if you request it in writing — they cannot simply refuse.
  • You are a full member of the IEP team with the right to disagree, request changes, and call meetings.
  • Your state's Parent Training Center will advocate alongside you for free.

Your child's rights under IDEA

IDEA (Individuals with Disabilities Education Act) guarantees children with disabilities the right to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). These are enforceable rights — not suggestions.

  • Free evaluation: the school district must evaluate at no cost within a defined timeline
  • IEP development: if eligible, your child gets an IEP developed by a team that includes you as a full member
  • Prior written notice: the district must give you written notice before changing your child's program
  • Dispute resolution: mediation, state complaints, and due process hearings are all available

Requesting a school evaluation

A written request triggers a legal response timeline — typically 60 days in most states. The district can decline to evaluate, but must give you written notice of why, and you can challenge that decision.

Email creates a timestamp record. Subject line: "Written request: special education evaluation for [child's name]." Keep a copy. A medical diagnosis is not required — suspected educational disability based on performance is enough.

IEP meetings: what to know

You are a required member of the IEP team — not a guest. You have the right to bring an advocate or a friend. You can request a meeting at any time. You do not have to sign the IEP at the meeting — you can take it home.

Your state's Parent Training & Information Center (PTI) can attend meetings with you, explain your rights, and help you draft letters — all for free.

Your action checklist

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Who helps with this?

The system

Your state

Your state's department of education and federally funded Parent Center.

Add your location above to see state-specific resources.

The people

Your area

Your district SPED director, advocates, and parent groups.

Set your county to see local help.

Primary sources