Who is eligible for special education?
Children with disabilities – aged three to 21 or high school graduation, whichever comes first – are entitled to receive special education services if their disability affects their educational performance. In addition, children with disabilities who do not qualify for special education may still be entitled to services and reasonable accommodations under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

What are parents' basic rights for a special education child?
Parents have the right to have their child identified and evaluated by the school district. Under certain circumstances, parents also may have the right to independent outside evaluations. If a child is identified as in need of special education, the school district must devise a written individual education program (IEP) for the child which includes related services. Special education is defined as “specially designed instruction at no cost to the parents to meet the unique needs of a child with a disability.” Related services are a variety of supportive services to assist a child with a disability to benefit from special education, and include speech services, psychological services, physical and occupational therapy, counseling and assistive technology and transportation.
Parents are also entitled to attend any planning and placement team meetings (PPT) which are scheduled to identify their children, to review evaluations, to devise or modify the child's program or to terminate services. Parents also may seek placement in a private school if such placement is necessary to meet the child’s unique needs. Parents also may challenge school districts’ decisions through due process procedures.

What are due process rights?
If a parent disagrees with the school district’s identification of the child, the school district’s evaluation of the child, or its position regarding an independent evaluation, or if a parent disagrees with the school district’s program and/ or placement of the child, the parent may elect to exercise due process by filing a written request for mediation and/ or a hearing. If the parent disagrees with the results of a hearing, it may be appealed to state or federal court.

What educational rights do students have after graduation from high school?
Students going on to post-secondary institutions may seek reasonable accommodations under the Rehabilitation Act of 1973 and the Americans with Disabilities Act. After high school, students with disabilities seeking jobs have a variety of rights as a result of the Americans with Disabilities Act, which may allow them to seek reasonable accommodations both in applying for a job and in the actual work environment.

What are parents' rights if their children are facing expulsion?
Students facing expulsion are entitled to legal representation in their expulsion proceedings, which are conducted as formal hearings before local boards of education or hearing officers.  Our legal representation of your child in these proceedings can aid in your child receiving a fair opportunity to be heard and defended, and potentially result in either a successful resolution of the charges or a reduced period of exclusion from school.  We can also work on your behalf to obtain alternative educational opportunities for your child during exclusion from school.