The Individuals with Disabilities Education Act (IDEA) is the foundation of special education law in the United States. It’s the reason IEPs exist, and it’s the reason parents have a seat at the table.

If your child qualifies for special education, IDEA gives you legal protections, parental rights, and the power to request services that meet your child’s unique learning needs.

This law isn’t about “extra help.” It’s about making sure students with disabilities have access to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) — in other words, real support in a setting where they can thrive.

Key Protections & Applications

Individualized Education Program (IEP)

• The IEP is a legal document created by a team — including the parent — that outlines:

  • Present levels of performance

  • Measurable annual goals

  • Special education services

  • Related services (OT, PT, speech, counseling)

  • Accommodations and modifications

  • Placement details

• The IEP must be reviewed at least once a year and updated as needed.

Least Restrictive Environment (LRE)

• Students must be placed in the setting where they can learn alongside non-disabled peers to the maximum extent appropriate.

• Removal from general education should only happen when the nature or severity of the disability prevents success — even with supports.

Parental Participation & Procedural Rights

• You are a full member of the IEP team.

• The school must provide written notice before changing services or placement.

• You have the right to bring an advocate, interpreter, or support person to any meeting.

Free Appropriate Public Education (FAPE)

• Every eligible student must receive special education and related services at no cost to the parent.

• Services must be individualized, research-based, and reasonably calculated to help the child make meaningful progress, not just maintain the status quo.

Additional Resources

• 🔗 IDEA Law & Resources – U.S. Dept. of Education

• 🔗 IDEA Regulations – Part B (PDF)

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that protects students with disabilities from discrimination in schools and programs that receive federal funding. That includes:

• All public schools

• Most charter and private schools

• District-sponsored extracurriculars, athletics, transportation, and more

Section 504 is often misunderstood — even by schools.
It doesn’t create an IEP, but it does create a legally binding support plan that gives your child access to learning.

If your child has a disability — and that disability impacts a major life function like learning, focusing, regulating emotions, or managing behavior — Section 504 protects their right to equal opportunity, even if they don’t qualify for special education.

Key Protections & Applications

Definition of Disability

• Section 504 defines disability more broadly than IDEA.

• A child qualifies if they have a physical or mental impairment that substantially limits one or more major life activities (like concentrating, breathing, walking, eating, reading, speaking, etc.).

• Diagnosis is not required to qualify — what matters is functional impact.

Free Appropriate Public Education (FAPE)

• Students with 504 Plans are entitled to FAPE, just like under IDEA

• Supports must level the playing field, not give an advantage.

Accommodations and Support Plans

• A 504 Plan can include:

  • Extended time on tests

  • Preferential seating

  • Modified assignments

  • Behavior support plans

  • Access to a nurse or medical plan

  • Breaks for sensory regulation

  • Supportive technology

• The plan is developed with parent input and should be specific, documented, and regularly reviewed.

Behavioral & Emotional Disabilities Apply

• ADHD, anxiety, PTSD, sensory processing challenges, and mental health needs are all covered under Section 504 — if they impact the child’s ability to access learning.

Non-Discrimination

• Schools cannot exclude, punish, or isolate students based on disability-related behaviors without reviewing and updating the 504 Plan first.

Extracurriculars & School-Wide Access

• 504 protections extend beyond the classroom. They apply to field trips, assemblies, lunch, recess, sports, clubs, and school events.

Due Process & Procedural Protections

• While 504 Plans do not have the same procedural safeguards as IDEA, families still have the right to:

  • Be involved in the process

  • Review records

  • Request a meeting or re-evaluation

  • File a grievance with the school or district

  Additional Resources

  • 🔗 Section 504 Parent & Educator Resource Guide – U.S. Dept. of Ed (OCR)

  • 🔗 Section 504 Frequently Asked Questions

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects your access to your child’s education records — and limits who else can see them.

If your child has an IEP, a 504 Plan, or even just behavior notes, FERPA matters more than most parents realize.

This law gives you the right to:

• See what the school sees

• Know who else is looking

• Ask questions about what’s documented — and why

Schools don’t always volunteer this information. But you’re not asking for favors — these are your rights.

Key Protections & Applications

Access to Educational Records

• You have the legal right to inspect, receive copies, and review your child’s full education record.

• “Educational records” include:

  • Report cards

  • IEPs and 504 Plans

  • Evaluation results

  • Notes from meetings

  • Emails, if they are student-specific and stored by the district

  • Behavior incident reports and classroom observation data

  • Attendance logs

  • Among others

• FERPA does not allow schools to withhold records unless you owe money — and even then, you cannot be denied access to the record itself. The school may request that the parent review the records on campus with a staff member present; this is legal. Please refer to the resource at the end for additional information.

• Schools are not required to give you copies unless circumstances prevent you from reviewing records in person (like distance, disability, or timing issues).

• However, many states and districts do provide copies by default — especially for IEP and evaluation documents.

• You do not need a lawyer to request records. You simply make a written request to the school.

Timelines for Access

• Under FERPA, schools must provide access to records within 45 calendar days of your request.

• Your state may have stricter timelines — and public schools often respond faster, especially when you’re preparing for a meeting.

Privacy & Consent

• Schools cannot share your child’s educational records with other agencies or people without your written permission — unless an exception applies (like a safety emergency or court order). There are exceptions to this; refer to the resource provided.

• You must give written consent before outside professionals (like tutors, medical providers, or private therapists) can access school records. Yes, that includes advocates like me!

Right to Request Corrections

• If you believe information in the record is misleading, inaccurate, or violates privacy, you can request that the school amend it.

• If the school refuses, you have the right to a formal hearing under FERPA — and to add a written statement of disagreement to the record.

FERPA Overview – U.S. Dept. of Education

When a student turns 18 or attends college, FERPA (Family Educational Rights and Privacy Act) rights transfer from parents to the student, making them the "eligible student" controlling access to their educational records, though schools can still share info with parents if the student is a tax dependent or in health/safety emergencies. This means parents lose automatic access to grades, disciplinary records, and other private student data unless the now-adult student provides consent or signs a release. 

Key Changes When a Student Turns 18/Enters College:

• Rights Transfer: The student gains control over their education records, including the right to inspect, review, and consent to disclosure of personally identifiable information (PII).

• Parental Access Stops (Generally): Parents can no longer automatically demand records from the school.

• Exceptions for Parents:

  Health/Safety: Information can be shared during emergencies.

• Alcohol/Substance Violations: Colleges can notify parents of students under 21 about such violations. 

What the Student Can Do:

• Grant Access: Sign a release form allowing parents or others to see records.

• Waive Access: Tell the school not to share information with parents, even if they are a dependent.

• Control Directory Info: Decide whether their name, major, activities, etc., can be shared. 

In essence, turning 18 or going to college signifies a shift in privacy control under FERPA, empowering the student to manage their educational information. 

Every parent whose child is evaluated for special education or has an IEP is supposed to receive a Procedural Safeguards Notice at least once per school year before an IEP meeting — but let’s be real: most of us never get it explained.

It’s often handed to families like a brochure. No walkthrough. No plain-language breakdown. No clear understanding of what it protects.

But this document?
It matters.
It outlines your federal rights as a parent — the rules the school must follow, the decisions they must notify you about, and the safeguards that protect you and your child during the IEP process.

The Procedural Safeguards don’t just protect your child — they protect your role as the parent. They ensure you’re not excluded, ignored, or overruled.

Key Protections & Applications

Parent Participation

• You have the right to participate in all meetings about:

  • Identification (Does your child need special education?)

  • Evaluation (what kind of assessments will be used?)

  • Eligibility (do they qualify under IDEA?)

  • Placement (what type of setting or services are appropriate?)

  • Services and goals (what will be provided, how, and how often?)

• Your input must be considered. The school cannot meet and make changes without including you or at least attempting to include you.

Prior Written Notice (PWN)

• The school must give you a formal written notice before it:

  • Starts or stops services

  • Refuses a request you made

  • Changes placement or eligibility

• PWN must include:

  • What they are proposing or refusing

  • Why are they doing it

  • What data did they used

  • What other options were considered

• It’s not optional — this is a legal requirement under IDEA.

Informed Consent

• The school must get your written permission before:

  • Conducting initial evaluations

  • Starting special education services

• You also have the right to refuse consent at any point — and the school must honor that unless they go through due process.

Independent Educational Evaluation (IEE)

• If you disagree with the results of a school evaluation, you have the right to request an Independent Educational Evaluation (IEE) at public expense.

• The district must either:

  • Approve the IEE

  • Or file for due process to defend their own evaluation

Dispute Resolution Options

• If you and the school disagree, you have several options:

  • Informal resolution meetings

  • Facilitated IEP meetings

  • Mediation (voluntary, with a neutral third party)

  • Due process hearing (formal legal process)

  • State complaint process (based on state law)

• You are never required to file anything, but you do have the right to ask questions and get clarity before making decisions.

Stay Put Provision

• If you’re in a formal dispute, your child generally has the right to remain in their current placement while the disagreement is resolved. This is often called the “stay put” rule.

Additional Resources

• 🔗 State-by-State Procedural Safeguards Directory (Center for Parent Information)

The Americans with Disabilities Act (ADA) is a civil rights law, not an education law. That’s important.

While IDEA and Section 504 are focused on services and plans inside the classroom, ADA is about your child’s right to fully access all areas of school life.
Lunch. Hallways. Assemblies. Field trips. Afterschool programs. School websites. Communication. ADA applies to it all.

The ADA doesn’t create an IEP or a 504 Plan — but it does ensure your child is not excluded, segregated, or denied access because of their disability.

This law applies whether your child is in general education, on a 504, has an IEP, or receives no services at all.

Key Protections & Applications

No Disability Discrimination

• Schools and districts that receive public funds (that’s almost all of them) must provide equal opportunity to students with disabilities.

• This includes physical access, communication access, academic access, and full participation in all programs.

• Discrimination under ADA can be intentional (like exclusion) or unintentional (like failure to provide reasonable accommodation).

Physical Accessibility

• Schools must ensure that facilities are usable and accessible by students with mobility devices, vision or hearing impairments, or other physical needs.

• This includes ramps, elevators, restrooms, signage, gymnasiums, buses, and any building used for school functions.

Communication Access

• Students with communication disabilities (such as hearing, vision, or speech impairments) are entitled to effective communication, which may include:

  • Sign language interpreters

  • Braille materials

  • Captioning services

  • Assistive technology

• The school must work with the family to determine what is appropriate for the child, not just what’s convenient for the district.

Program Access & Equal Participation

• A student cannot be excluded from school programs, clubs, trips, sports, or events because of a disability — unless the school can prove participation is unsafe even with supports in place.

• This applies to after-school programs, summer learning, and school-sponsored public events.

Reasonable Modifications

• Schools must make reasonable changes to policies and practices if those changes allow a child with a disability to access a program or space — unless doing so would fundamentally alter the nature of the program.

• Example: allowing a student to use an elevator even if the school normally prohibits it for others.

Applies to ALL Schools and Programs (Not Just Public)

• ADA protections extend to:

  • Public schools (K–12)

  • Most private schools

  • Online or virtual instruction platforms

  • School websites, apps, and digital communication tools

Additional Resources

• 🔗 ADA US DOE FAQ

• 🔗 ADA Requirements: Effective Communication (DOJ)

• 🔗 How to File a Discrimination Complaint with OCR

Key Protections & Applications

No Sex Discrimination

• Schools cannot discriminate based on sex, gender identity, or sexual orientation.

• That includes pronouns, name changes, uniforms, restroom access, and equal treatment across all school settings.

Sexual Harassment & Violence

• Schools must immediately respond to any reports of:

  • Sexual harassment or inappropriate comments

  • Sexual assault or touching

  • Stalking or cyber-harassment

  • Dating violence or coercion

• It is illegal for schools to ignore or “downplay” these behaviors.

Pregnancy & Parenting Protections

• Pregnant or parenting students have the right to remain in school and receive support.

• Schools cannot pressure your child to leave, reduce their schedule, or be placed in a separate program without consent.

Equal Opportunity in Academics & Athletics

• Your child has the right to access:

  • Honors classes, STEM programs, and AP coursework

  • School sports, physical education, and after-school clubs

• Title IX guarantees equal opportunity, not second-tier options. Applies to All Schools Receiving Federal Funds

• Title IX protections extend to any K–12 school or college receiving federal funding. That includes public, charter, and most private schools.

What Schools Must Do

Under Title IX, schools are legally required to:

• Stop harassment and prevent it from happening again

• Provide supportive measures — not punishments

• Assign a Title IX Coordinator (ask for their name!)

• Conduct a prompt and impartial investigation when a report is made

• Protect your child from retaliation for reporting

And yes — if the harassment is affecting your child’s ability to attend, learn, or participate, the school is violating federal law by failing to act.

Advocate’s Tip:

Document everything. Ask to speak with the Title IX Coordinator. Request the school’s grievance process in writing.

File a Complaint or Learn More

• 🔗 Title IX – U.S. Dept. of Education