What Rights Do Students with Disabilities Have? The Top 10 Education Law Rights Every Parent Should Know Before an IEP Meeting
Preparing for an IEP meeting can feel like stepping into a legal maze. But parents have powerful rights under federal law. Knowing these rights can help you advocate effectively for your child and ensure they receive the support they deserve.
1. The Right to Request an Evaluation
Parents can request a free educational evaluation if they suspect a disability is affecting their child’s learning. Schools are legally required to respond.
2. The Right to Participate Fully
You are a key member of your child’s IEP team. You have the right to call meetings, attend meetings, share input, and help shape the plan for your student.
3. The Right to Prior Written Notice (PWN)
Schools must give you written notice of any proposed change to your child’s accommodations, services, placement, or eligibility. The notice must include reasoning and evidence.
4. The Right to Access Records
Under FERPA, parents of minor children can request and receive their child’s educational record. You have the right to review and also request corrections.
5. The Right to Disagree
You can formally disagree with school decisions and request mediation, a due process hearing, or file a state complaint.
6. The Right to an Independent Educational Evaluation (IEE)
If you disagree with the school’s evaluation, you can request an IEE at the public’s expense.
7. The Right to a Free Appropriate Public Education (FAPE)
Your child is entitled to an education that meets their unique needs, at no cost to you.
8. The Right to the Least Restrictive Environment (LRE)
Your child must be placed in a setting that allows maximum interaction with peers without disabilities.
9. The Right to Be Informed of Progress
The IEP must include how your child’s progress will be measured and how often you’ll be updated.
10. The Right to Bring Support
You can bring an advocate, attorney, or specialist to IEP meetings to support your position and ensure clarity.
Need Help Before Your Next IEP Meeting?
At Jessica Holland Law, I offer flat-fee representation for parents that covers the entire school year. I created this approach after witnessing how difficult it can be for parents to find legal support only after major disputes arise—whether related to their child’s IEP or disciplinary actions. I’ve also seen families struggle for years, fighting for their child’s rights with little success and facing constant stress.
My goal is to provide ongoing support throughout the school year—not just for one issue, but as a trusted partner every step of the way. By keeping a small client roster, I ensure I’m fully available to understand each student’s unique needs and respond promptly whenever challenges arise.
If you want consistent, compassionate legal guidance and someone who truly knows your family, please reach out today to schedule a consultation. And even if you are facing a major issue right now, don’t hesitate to contact me—I’m here to help.