Knowing Your Child's Rights

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At School | Your Child's Rights | Laws Protecting Students

Knowing Your Child's Rights

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By NCLD-Editorial Staff
Published: February 24 2009

Your child has the right to a free and appropriate public school education. Getting involved in his or her education is among the most important things you can do as your child's advocate. As you'll see below, you have a right to be a part of every decision regarding your child's education, including the process of finding out if your child needs special services. You know your child best, and your input should be considered at every opportunity.

In order to make sure that your child with learning disabilities gets the help he or she needs throughout his or her school career, you should familiarize yourself with the rights you have as your child's advocate. These rights are federally mandated by the Individuals with Disabilities Education Act (IDEA).

Your child's rights in determining eligibility for special education and related services

You have the right to request in writing that your child be evaluated to determine if he or she is eligible for special education and related services. This evaluation is more than just a single test. The school must gather information from you, your child's teacher and others who would be helpful. An assessment of your child must then be conducted in all the areas that may be affected by the suspected disability.
If the public school agrees that your child may have a learning disability and may need special help, the school must evaluate your child at no cost to you.
Teachers or other professionals can recommend that your child be evaluated, but the school must get your explicit written consent before any part of the evaluation is started.
If the public school system refuses to give your child an evaluation, they must explain in writing the reasons for refusal, and must also provide information about how you can challenge their decision.
All tests and interviews must be conducted in your child's native language. The evaluation process cannot discriminate against your child because he or she is not a native English speaker, has a disability or is from a different racial or cultural background.
Your child cannot be determined eligible for special education services only because of limited English proficiency or because of lack of instruction in reading or math.
You have the right to be a part of the evaluation team that decides what information is needed to determine whether your child is eligible.
You have the right to a copy of all evaluation reports and paperwork related to your child.
You have the right to obtain an Independent Education Evaluation from a qualified professional and challenge the findings of the school evaluation team.
You have the right for your child's evaluation to be completed within a specific timeframe. Some states have set a limit. For states who had no limit, as of July 1, 2005, the evaluation must be completed within 60 days of your written consent.

Your child's rights once determined eligible for special education and related services

You and your child have the right to attend and participate in a meeting to design an Individualized Education Program (IEP) which must be held within 30 days of your child being found eligible for special education services. An IEP should set reasonable learning goals for your child and state the services that the school district will provide.
You and your child have the right to participate in the development of the IEP, along with a team that will include: your child's teachers, a representative from the school administration who is qualified to recommend and supervise special programs and services as well as representatives from other agencies that may be involved in your child's transition services (if your child is age 16 or older). You can also request an advisor to help you better understand your rights and responsibilities as a parent, and request that this person be present.
Your child has a right to the least restrictive environment possible. Unless members of the IEP team can justify removal from the general education classroom, your child should receive instruction and support with classmates that do not have disabilities. Also be sure that special education services or supports are available to help your child participate in extracurricular activities such as clubs and sports.
During an IEP meeting, the IEP team will develop goals for any related services, such as occupational therapy, which could help your child. Be sure the team specifies how often and for how long these services will be provided as well as in what setting the services will be provided. This team will also identify behavioral strategies to support your child's learning in school and at home.
Be sure to discuss what kind of assistive technology devices-such as speech recognition software, electronic organizers or books on tape-could help your child. Assistive technology services include evaluating your child for specific devices, providing the device and training your child to use the device.
You have the right to challenge the school's decisions concerning your child. If you disagree with a decision that's been made, discuss it with the school and see if an agreement can be reached. If all efforts don't work, IDEA provides other means of protection for parents and children under the law. These other ways of settling your dispute allow parents and school personnel to resolve disagreements. Options include mediation with an impartial third person, a due process hearing or a formal hearing in a court of law.
An IEP meeting must be held once a year and comprehensive re-evaluation must be done every three years, unless the IEP team agrees that it is not necessary. However, you may request an IEP meeting at any time.

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28 Comments

I have a question my son has been diagnosed with ADD, is that considered a learning disability?

Posted by: Denise on Thursday, 02 February 2012
A couple of things I saw on here: YES, you have a right to a tutor for your child under the No Child Left Behind act. As for the user that said her child was bullied by a student with an IEP who she feels has a social disorder vs. LD, ummm...do you know who IEP's are given to? And do you know what Autism is? Autism IS A SOCIAL DISORDER. Part of the brain that controls communication and social interaction is underdeveloped. An IEP is for ANYONE developmentally delayed as well as a child with emotional disorder. Just thought I would throw that out there. I hate it when parents think my kid is just an off the wall bratt and they don't realize (lack the education to realize)that he is Autistic. It's quite frustrating.

Posted by: Ashlie on Thursday, 05 January 2012
I suspect my twelve year old son has Dyscalculia.He goes to a private school. I was told that I had to go through his zoned public school to have him tested. I set up a meeting with the public school to talk about his options, only to be told that because he is not enrolled in public school that he does not qualify for ANY assistance from the public school. Is this true????? I'm desperate to find him some help!!!!! I don't know what to do or who I need to talk to. Someone please help me.

Posted by: Lisa on Thursday, 05 January 2012
I feel the schools need to better inform the parents of the child's rights. My kindergardener was singled out by his teacher as having learning disabilities. She says she has a big folder on him and his behavior. All she does is talk about it and tell me to go to his doctor to have him evaluated and then referred out to a psychologist. I didn't know that the schools were the ones that were suppose to evaluate him for learning/behavior disabilities. Instead I was led on a wild goose chase of not knowing who to go to since his doctors said he was fine, but the school was saying opposite and not doing anything or helping at all. Finally an audiologist told me that it was the school that had to take care of him because physically he was fine. When I went back to the school, they tried to tell me no. I had to press that the doctor told me they had to evaluate him.

Posted by: Angela on Monday, 05 December 2011
Can a child be denied for an IEP test. I need help the school will not help me. They say he has a behavioral problem and he doesn't focus well. He is not a violent child he is a sweet and loving little boy he's only 7 years old. Recently I went to a report card conference for him. His teacher recorded him of what a typical day is like and it wasn't a good cite. He was making noises and not focusing at all. My sons behavior been like this since he was in daycare and it starting to get worse. I don't was to medicate my son unless it's absolutely necessary. I feel medicating him will break his spirits and I don't want that for him. Can anyone help me because he needs it. As a parent I feel bad for him because they are labeling him and that makes him feel bad as well.

Posted by: Veronica on Saturday, 03 December 2011
I have a 9 yr. old in the 4th gr. He has an IEP. He is suppose to get read a loud in math and reading. I am not understanding when he should be read too. THE iep said he is to read allow. My son heard his tutor and me talking so he ask his teacher to read him the math problem and he told him to do it his self. i thought oh my, what can we do about this. He also made my son feel bad for asking him and his classmates laugh at him. I wish some one would go to Walnut Creek Elem.and observe the CCr teachers and team teachers and also help me to understand my rights and help my son. HELP!!! Thanks

Posted by: Lisa Freeman on Wednesday, 30 November 2011
My child has been bullied by a child with an IEP for over six years and has had his right to an education compromised. The school can't let us help because the kids issues are subverted. The parents are negligent in that they don't address nor attempt to help the child by taking responsibility, they blame others constantly. I believe the child has a social disorder, not a disability. I am tired of the system that throws these IEPs around and allows this type of abuse. If the child claims he has an IEP in court, shouldn't they have to divulge why? I believe the abusers of IEPs for those who are not truly disabled needs to be stopped, it's an insult to the families that are really dealing with disability.

Posted by: Kathryn on Monday, 21 November 2011
Beth--I would check out our Parent's Guide to IDEA (http://www.ncld.org/at-school/your-childs-rights/parents-guide-to-idea), as that is a more comprehensive resource on the rights your child has in school and explains options parents can take when their child is not being appropriately served at school. Also, have you ever spoken with an advocate? Having a third party on your side can be really helpful when you are struggling to get your child what she needs. You can find local advocacy resources using our Resource Locator.

Posted by: Kaleigh (NCLD Staff) on Wednesday, 16 November 2011
My daughter is 15 and in the 9th grade. She has not been tested as I have asked several times. She has never passed the ISTEP (Indiana's State Standardized Test)ever. I have been fighting to have something done with her. She also has some mental issues that have come to light in the last 3 years. She spent a year and a half in placement for these issues. We are now trying to get her tested and evaluated. The school is acting as if their hands are tied and can't do anything. What are our rights what can we do to get her the help that she needs? I feel like the school is setting her up for failure but I know that with the right help (which I give her every day) she could do better. I am not a teacher so my knowledge is limited when it comes to Biology, Algebra ect. I am frustrated and very confused about what can and can not be done to help her. Can someone help me?

Posted by: Beth Pugh-Baker on Wednesday, 16 November 2011
My children's school happens to be a magnet school. I have seen many students with different needs and different backgrounds. When we transferred to a new system, we called the home school right away to get everyone familiar with us and our children. I think it starts there, getting a rapport with the people who will be working with your child every day. There's no reason not to do this; when questions about your child's rights comes up, then this will help.

Posted by: Lisa on Saturday, 08 October 2011
Kim--I'm really sorry to hear about this teacher's aide having such a negative effect on your daughter. Have you had a conversation about the situation with the classroom teacher? If you have and you feel the situation wasn't taken care of appropriately, I would speak to the principal who is the teacher's supervisor. Basically, keep going up the chain of command at the school until you find someone who is willing to take your concerns seriously! You also might want to check out our Parent's Guide to IDEA as that will teach you more about your child's rights in school and does have a chapter on discipline & kids with special needs. You can find it here: http://www.ncld.org/at-school/your-childs-rights/parents-guide-to-idea

Posted by: Kaleigh (NCLD Staff) on Wednesday, 28 September 2011
My daughter is in 8th grade in the IEP at school, the past few weeksher teachers aide has made false accusation about my daughter . She contact out home allegiting she caught my child cheating & When she approach my child, my child refused to give her the paper & was tryi to hide it from her. And that my daughter has not turned any school since school started. These accusations have really emotionally taken a toll on her & our family. What rights do I have as a parent to not have thi teachers aide around my child?

Posted by: Kim on Wednesday, 28 September 2011
My son has just started high school this sept 2011 and is doing a share time program with a technical school and a regular high school. the problem is that the tech school will not take him full time because they claim they don't have the lld class that my son needs. I have now found out the school does have these class ans feel that they are discrimanating against him. Can you please tell me what his rights are?

Posted by: lydis on Saturday, 10 September 2011
My son has a specific learning disability in writing. He is being pulled out of band and art. He excels in both these areas and we do not want him to be pulled out of these classes. The school is saying that there is no other time. Do we have any rights surrounding when he is pulled out of class?

Posted by: Krista on Thursday, 01 September 2011
my child is being bullied end i want to know what is her rights?

Posted by: ELIZE on Friday, 26 August 2011
Do these rights include GATE students? I read that it is a form of 'special education' since they too need accommodations. I was just wondering because my son is not being served at all, and the school simply says that they do not have the money to fund the GATE program. As a means of mitigating the problem, they allowed my son to skip a grade, but that still has not really solved the problem. He needs to be challenged, and if he is eligible for an IEP, then I would like to know. Also, if that is true that the school can no longer afford to run the GATE program, then why bother testing anyone for GATE?

Posted by: Michelle Greenwell on Thursday, 18 August 2011
Knowing Your Child's Rights
My son is 15 and he is a 9th.He have a IEP and the school is not helping he at all.Who can i talk to about helping me and my son.I need to no all my son rights and my. Can someone help us pl.

Posted by: Doris Hernanedz on Tuesday, 08 March 2011
Knowing Your Child's Rights
My son is 14 & in the 9th grade. He has a teacher that has a history of losing classwork, homework, & mistakes on grading tests. Her classroom is filled with papers from every period, is not organized, & expects for these students to understand her filing system. My son is barely making a C, & he's an A student. Some of us parents have complained & have gotten no-where. What can we do & who do we go to? My son does not have a LD but is being treated like he does!

Posted by: Ty Byrams on Monday, 29 November 2010
Knowing Your Child's Rights
I have read every document and every site that I could in regards to my childs rights. He has had a IEP from the time he was 18 months old he has had a home care nurse since he was born. I also have came together with other parents in my local area and all together we have a clear understanding of our rights. I have recently moved to another state and have came into problems because they wish to only abide by state laws and I am having a hard time getting them to understand that Federal Laws override State Laws. It is a shame that in these meetings they only give you the information they want you to know and not what you have a right to know.

Posted by: Katherine on Thursday, 04 November 2010
Knowing Your Child's Rights
My daughter has a 15 year old boyfriend and he is LD. I find him to be very pleasant but the school is always having problems with him and he is not always the problem. I have become good friends with his mother and have noticed a problem with the school. It truly is obvious that they are trying to move him out of this school and not even giving him a chance. This troubles me and now I feel as though I need to get involved and try and save his charactor with his mother. There are numerous times when this boy has taken the rap for something he has not done but never an apology to him and his family for the false accusations and never has anything been done to fix or correct any false bearing things against him. Right is right and wrong is wrong. The school has a Principal and teacher that have personality conflicts with him, clearly. How and who can this family turn too and will I be able to help and testify to what is going on in this situation? Please respond.

Posted by: Roxanne on Wednesday, 03 November 2010
Knowing Your Child's Rights
The rights of a child, should be better explained and it should be explained on a level that anyone could understand. There is more in here talking to the parents than just explaining what rights the child really have. Parents who do not have the educational background needed to understand this but, have a child with disability need help, they really do not know what is really the child's rights. Posted by: Jury on Thursday, 17 June 2010 I'm LD as well and don't understand my rights as a parent nor my childs rights! Everything is all put in terms I don't understand. I need simplicity!!!!

Posted by: Monica on Wednesday, 27 October 2010
Knowing Your Child's Rights
Both of my kids have learning disabilities and and I wanted to know do I have the right to ask for a tutor and they are Title one school. I cant afford to pay 1400 a month of an tutor

Posted by: Tiffany on Tuesday, 19 October 2010
Knowing Your Child's Rights
I am very happy with my son he has a L.D and plays sports ...HERE IS MY QUESTION.Iam a mom that is at the school everyday my son stuggles everyday but never gives up because he loves sports so he knows he has to try very hard to pass buts its just real hard for him ,but heres the kicker the school has not followed the IEP and we have requested a new one I have been on the school about this evryday starting in sept. i also have had meetings with the princiable and guess what all talk no action , I just talked with the special education teacher on friday oct 15th 2010 and now my son is ineligiable for sports again after the 3rd time he is kicked off the team what can I do to make sure he is doing the work passing and make sure he keeps trying

Posted by: vickie on Sunday, 17 October 2010
Knowing Your Child's Rights
I have a child that is now in 7th grade he was evaluated in the 1st grade with LD. Now that he is in junior high he plays sports for the school. My question is how can i protect him from being removed from the team due to grades? Some teachers do not think he should be able to play even tho I don't think they are making the modifications that were put in place in his IEP?

Posted by: Mickey on Tuesday, 05 October 2010
Knowing Your Child's Rights
my son has been in public school for two years. He has an IEP for one year for LD. How can I find out what type of LD he has because the services he receives from school is not helping him. He is still on a first grade level in 3 grade and has not made significant progress. How can he get the proper service if we don't know why he can not read. Desperate mom of two LD boys

Posted by: Betsy on Thursday, 16 September 2010
Knowing Your Child's Rights
What to do when the IEP is not being met any carried through by staff?

Posted by: lauren on Monday, 21 June 2010
Knowing Your Child's Rights
The rights of a child, should be better explained and it should be explained on a level that anyone could understand. There is more in here talking to the parents than just explaining what rights the child really have. Parents who do not have the educational background needed to understand this but, have a child with disability need help, they really do not know what is really the child's rights.

Posted by: Jury on Thursday, 17 June 2010
Knowing Your Child's Rights
Can a child continue to get testing accomodations if he or she has been decertified from Special education services?

Posted by: Guadalupe on Thursday, 20 May 2010

We invite your comments on this article, but we are unable to answer personal questions. If you have a question, you may find these LD.org resources helpful: Resource Locator; LD Basics section; Frequently Asked Questions.

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