The law is on your side

The main federal law ensuring children with disabilities receive special education services.

IDEA is the federal law that gives children with disabilities the right to a free public education designed to meet their unique needs. Under IDEA, schools must identify children who may have disabilities, evaluate them at no cost to you, and create an Individualized Education Program (IEP) that outlines the specific services your child will receive. The law covers children from birth through age 21.

• Covers children from birth through age 21
• Requires schools to find and evaluate children who may have disabilities (Child Find)
• Guarantees a free appropriate public education (FAPE)
• Requires an Individualized Education Program (IEP) for each eligible child
• Gives parents the right to participate in all educational decisions
• Provides procedural safeguards to resolve disagreements
• Identifies 13 disability categories for eligibility

Your child's right to receive special education at no cost, tailored to their needs.

FAPE means your child has the right to receive special education and related services that are provided at public expense, under public supervision, and at no cost to you. "Appropriate" does not mean "the best possible" education, but it must be reasonably calculated to enable your child to make progress. The Supreme Court has ruled that an IEP must be designed to allow a child to make progress appropriate in light of their circumstances.

• All special education services must be provided at no cost to families
• Education must be individually designed to meet your child's unique needs
• Services must help your child make meaningful progress
• Includes both instruction and related services (therapy, transportation, etc.)
• The standard is not "the best" education but must be more than minimal
• Schools must provide FAPE even during disciplinary actions

Your child should learn alongside non-disabled peers to the maximum extent appropriate.

LRE means your child should be educated with children who do not have disabilities to the greatest extent possible. Removal from the general education classroom should only happen when the nature or severity of the disability is such that education there cannot be achieved satisfactorily, even with supplementary aids and services. Schools must offer a full continuum of placement options.

• Children with disabilities should be educated with non-disabled peers when possible
• Schools must consider supplementary aids and services before removing a child
• A full range of placement options must be available
• Placement decisions must be made individually, not based on disability category
• Children should attend the school they would normally attend if not disabled, unless the IEP requires otherwise
• LRE applies to non-academic activities and extracurriculars too

A civil rights law that protects students with disabilities from discrimination in schools.

Section 504 is a federal civil rights law that prohibits discrimination against individuals with disabilities by any program that receives federal funding, including public schools. It has a broader definition of disability than IDEA. A student who does not qualify for an IEP may still be protected under Section 504 and receive a "504 Plan" with accommodations to access their education equally.

• Broader definition of disability than IDEA
• Protects against discrimination in any federally funded program
• A 504 Plan provides accommodations (not specialized instruction)
• Common for ADHD, anxiety, chronic health conditions
• Does not require a specific disability category
• Schools must provide a free appropriate public education under 504 too
• Parents have the right to notice and an impartial hearing

Comprehensive civil rights protections for people with disabilities in all areas of public life.

The ADA is a comprehensive civil rights law that prohibits discrimination against people with disabilities in employment, state and local government services, public accommodations, commercial facilities, transportation, and telecommunications. Title II of the ADA applies to public schools and ensures that students with disabilities have equal access to educational programs and activities.

• Provides broad anti-discrimination protection beyond education
• Title II applies to all public schools
• Ensures physical accessibility of school buildings
• Protects against disability-based harassment and bullying
• Covers extracurricular activities and school events
• Works alongside IDEA and Section 504
• Applies to students, parents, and visitors with disabilities