Your disabled child has a legal right to a free and appropriate education. You can help your school help your child by understanding how the law works to provide special needs education.

What's the IDEA?

The Individuals with Disabilities Act (IDEA) is the main federal law that works to provide a free public education to children with disabilities.

Under this law, you have the right to:

• Have your child evaluated to find out if he or she qualifies for special education programs
• See your child's school records and testing results
• Meet with school representatives to work out a plan for your child's special needs

Getting an Evaluation

To qualify for special education, your child must have trouble learning due to one of the following disabilities:

• Hearing, speech or visual impairment
• Brain injury or mental impairment
• Serious emotional issues
• Autism
• Serious health issues
• An identifiable learning disability

You can ask the school to evaluate your child's need for special education services. The public school district must provide testing and meet with you for a formal evaluation.

If you disagree with the school's evaluation, you have the right to an Independent Educational Evaluation (IEE). An IEE is an evaluation done by a qualified examiner who doesn't work for the school district.

The public school must pay for the IEE or show at a hearing that its initial evaluation is appropriate.

An evaluation must include:

• A description of your child's current functioning level, based on testing, grades, reports or teacher's observations
• Information on how your child's disability affects his or her academic progress 

Putting a Plan in Place

If your child qualifies for special education, you and school staff will put together an Individualized Education Program (IEP) for your child.

The IEP is a written plan which outlines:

• Any special services your child needs
• Goals your child is expected to meet during the school year
• Ways to measure your child's progress toward his or her goals. These are called objectives or benchmarks

Your child must be placed in the least restrictive educational environment (LRE). For most children, this means mainstreaming. Your child is put in a regular classroom unless the IEP team decides your child can't be successful there even with special help.

If you and the school district come to an agreement as to where your child should be placed and what goals your child should be working toward, you'll receive regular reports on your child's progress. You can ask to meet with the IEP team if the reports show changes are needed in the IEP.

Under federal law, once your child has an IEP, he or she must be reevaluated at least once every three years.

Due Process Rights

What if you and the school don't agree on whether your child qualifies for special education or you disagree on how your child's needs should be met? You have the right to resolve your disagreements through due process, or fair procedures. This may be done through mediation or hearings.

At mediation, you meet with public school district representatives and an impartial third person, called a mediator. The mediator listens to both sides and helps you reach an agreement that everyone can live with.

If mediation doesn't work, you have the right to an impartial due process hearing. Each side presents their position, and a hearing officer decides what the appropriate educational program should be, based on the IDEA laws.

Your school district must give you a written copy of special education procedural rules that outline the steps for mediation and due process hearings.

By staying involved and informed, you can effectively help your school meet the unique educational needs of your child.

Questions for Your Attorney

• Can I make the school pay for an evaluation of my child by a physiologist I select?
• What should I do if teachers aren’t following my child's IEP?
• What do I need to do to prepare for the due process hearing with the school district?

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