Special Education Rights

Legal Information

• Family Education Rights and Privacy Act

  FERPA gives parents the right to ALL educational records of their child—not just the special education file. The statute specifies that parents have access to all “personally identifiable information” of the student. "Educational record" is defined as records that are directly related to a student, and maintained by an educational agency or institution. Content Detail

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  Protection and Advocacy for People with Disabilities

• Filing a 504 Education Complaint

  Section 504 of the Rehabilitation Act of 1973 makes it illegal for any agency or organization receiving federal funds to discriminate in any way against qualified people with disabilities. Under this law, school districts must make sure that children with disabilities are not excluded from educational services and provide accommodations to children who need them to benefit from those services. Content Detail

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  Protection and Advocacy for People with Disabilities

• Mediation-An Alternative to Due Process

  When a parent and school district disagree in an Individualized Education Plan (IEP) meeting, many people immediately consider going to a due process hearing. However, mediation is another way of dealing with a disagreement between the school district and the parent. Parents may want to try this less formal method before asking for a due process hearing. Content Detail

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  Protection and Advocacy for People with Disabilities

• Protections for Students not yet Classified as IDEA

  The Individuals with Disabilities Education Act (IDEA) provides several protections for students with disabilities. Some of these protections extend to students not yet identified as IDEA eligible when they are suspended or expelled from school. These safeguards apply only IF the school district had knowledge that the student had a disability before the behavior that led to disciplinary action. Content Detail

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  Protection and Advocacy for People with Disabilities

• Related Services-A Very Important Part of Special Education

  The Individuals with Disabilities Education Act (IDEA) requires Related Services to be given to a student with a disability who needs them in order to benefit from the education being offered. Content Detail

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  Protection and Advocacy for People with Disabilities

• Special Education - Prior Written Notice

  One easy and effective strategy available to parents who disagree with a school about special education for their child is to request that the school (or school district) notify the parents in writing of all proposed changes in, or refusals to change, their child?s special educational program. IDEA regulations (34 C.F.R. Sec. 300.503) require a school to give parents written notice a reasonable time before it acts regarding their child?s identification, evaluation or educational placement. Though required, prior written notice is rarely given unless parents request it. Content Detail

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  Protection and Advocacy for People with Disabilities

• Americans with Disabilities Act (ADA), Title III

  The Americans with Disabilities Act (ADA) secures equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services and telecommunications. Title III of the ADA applies to public accommodations, which are private entities that are open to the public. Content Detail

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  Protection and Advocacy for People with Disabilities

• Assistive Technology and Special Education

  Assistive Technology Device: An assistive technology (AT) device is any item used to maintain or improve the educational capabilities of a student with a disability. Assistive Technology Service: An assistive technology (AT) service is any service that assists in the selection, acquisition, or use of an assistive technology device. This includes evaluations, modifications, maintenance and repair of assistive technology devices, as well as training for the student, family and school personnel in the use of such devices. Content Detail

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  Protection and Advocacy for People with Disabilities

• Civil Rights about Education

  This site provides answers to frequently asked questions about civil rights and education. Content Detail

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  U.S. Department of Justice

• Civil Rights about Education

  This site provides answers to frequently asked questions about civil rights and education. Content Detail

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  U.S. Department of Justice

• Civil Rights-Related Information for People with Disabilities

  Find civil rights-related information from the Federal government for people with disabilities from this section of the DisabilityInfo.gov web site, including information about: The Americans with Disabilities Act (ADA) and Other Disability Rights Laws, Community Access, Community Rights and Responsibilities, Educational Rights, Employment Rights and Responsibilities, Health Rights, Housing Rights, Technology Rights, and Transportation Rights. Content Detail

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  First Gov - Your First Click is the U.S. Government

• Disability.gov

  This web site provides a comprehensive list of the federal government's online information for people with disabilities. From the DisabilityInfo.gov home page you may select the category of information or services you're interested in from tabs at the top of the page. From the DisabilityInfo.gov home page you can also use the search function to look for any information by typing in related words. Content Detail

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  First Gov - Your First Click is the U.S. Government

• Education Evaluation

  Children with disabilities have a right to a free appropriate public education under both the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. Content Detail

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  Protection and Advocacy for People with Disabilities

• Education Rights and the Law

  Answers to frequently asked questions concerning attendance, enrollment and home schooling, high school exit exam, and fees. PDF document (may load slowly). Content Detail

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  South Carolina Bar Association

• Sample Section 504 Plan and Health Care Plan for a Child with Diabetes

  This web site contains a sample Section 504 Plan and Health Care Plan detailing typical medical and academic needs of a child with diabetes at school. The Plan outlines the responsibilities of the student, parents/guardians, and the school. The Health Care Plan sets out the student's specific medical needs as determined by his/her health care team. Ideally, these documents are developed as a result of a cooperative effort involving the family, the child's health care team, and the school/school district. Content Detail

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  Disability Rights Education and Defense Fund