Know Your Rights
The law is on your side — understanding your rights is the first step to advocating for your child
Rights information is provided for general reference only. Laws and regulations change frequently. Verify current requirements with your state's Department of Education or a licensed attorney.
The main federal law ensuring children with disabilities receive special education services. Glossary entry →
What This Means
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.
Why It Matters for Your Child
IDEA is the foundation of all your rights as a parent of a child with a disability. It requires schools to involve you in every decision about your child's education and gives you the tools to hold the school accountable. Without IDEA, schools would have no legal obligation to provide specialized support.
Key Points
- 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. Glossary entry →
What This Means
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.
Why It Matters for Your Child
FAPE ensures you never have to pay for the special education services your child needs. It also means the school cannot offer a one-size-fits-all program. Your child's education must be individually designed to address their specific needs and help them make meaningful progress.
Key Points
- 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. Glossary entry →
What This Means
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.
Why It Matters for Your Child
LRE protects your child from being unnecessarily separated from their peers. Research consistently shows that students with disabilities often make more progress when educated alongside their non-disabled classmates. Before moving your child to a more restrictive setting, the school must show they tried supplementary aids and services in the general classroom.
Key Points
- 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. Glossary entry →
What This Means
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.
Why It Matters for Your Child
Section 504 provides a safety net for children who have a disability that affects their learning but who may not meet the stricter eligibility criteria for an IEP. If your child has a condition like ADHD, diabetes, anxiety, or allergies that impacts school performance, they may qualify for a 504 Plan even if they do not need specialized instruction.
Key Points
- 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. Glossary entry →
What This Means
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.
Why It Matters for Your Child
While IDEA focuses specifically on special education, the ADA provides broader protections that extend beyond the classroom. It ensures your child can participate in all school activities, use school facilities, and access the same opportunities as other students. The ADA also protects your child from disability-based bullying and harassment.
Key Points
- 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
Rights are easier to use once the vocabulary is familiar — see the full IEP glossary →
These are your federal rights — they apply in every state. For your state's free parent training center, legal advocacy organization, and complaint process, find your state's resources →
Rights matter most at the moment you use them. If your child's annual review is coming up, walk through the annual review checklist →
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