The Individuals with Disabilities Education Act ("IDEA") requires public schools to provide qualifying students with disabilities a Free and Appropriate Public Education ("FAPE") through an Individualized Education Program (IEP). The IEP must address the student's unique needs and be reasonably calculated to provide an educational benefit.
Throughout this process, parents have the right to be active participants in their child's education. If parents believe that their child is being denied a FAPE, parents can challenge the school's decision at a due process hearing.
Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act prohibits discrimination against individuals with disabilities.
In the public school context, a student found ineligible for special education services under the Individuals with Disabilities Education Act may quality for special education accommodations and services under Section 504. These students are entitled to FAPE and our placed on a "504 Plan." Many rights afforded to students with IEPs also apply to students on a 504 Plan.
Before a public school can suspend or expel a student, certain procedures must be followed in order to preserve the student's due process rights. If the suspension is for more than 10 days, or if the school is seeking expulsion, the student has the right to written notice explaining the charges, describing the supporting evidence, and specifying the date, time and place of the discipline hearing. At the discipline hearing, students have the right to be represented by an attorney and to present their own evidence and witnesses. If the student is in special education, additional rights and protections apply.
Services and Areas of Practice
Bureau of Special Education Appeals
Problem Resolution System
Health Care Plans
Independent Educational Evaluations
Manifestation Determination Reviews