Protecting the Education of Students with Disabilities

For millions of American families, the Individuals with Disabilities Education Act (IDEA) is more than a federal law. It guarantees their child with a disability a free appropriate public education—an education that meets their unique academic and functional needs. 

Students with disabilities must be educated in their least restrictive environment under the IDEA, which is typically a general education classroom alongside their peers. Often, a student’s educational needs can be met in the classroom with the school providing additional supports and services.  

Only when a student’s education cannot be achieved satisfactorily in a general education setting should a school consider a more restrictive placement. Separation should be the exception, not the default.

Building the IEP Together

Parents are essential in the development of their child’s individualized education program (IEP).  You know your child best, and your input is invaluable. 

The IEP governs how, when and where a student will be educated. It provides annual goals, accommodations, and can include school staff training and curriculum modifications, if needed. The IEP must be implemented as written and can be revised as often as needed to ensure it continues to meet the student’s needs.

 When Concerns Arise, Parents Aren’t Powerless

Even when students with disabilities are educated in a general education classroom, presence doesn’t always equal inclusion. A student might sit in a classroom all day but never truly join in—not actively learning or answering questions, not working with classmates, not being invited to sit at lunch. Real inclusion means engagement and removing barriers, not just occupying a seat.

Other times, students with disabilities are removed from general education into a separate, special education setting, and sometimes the student is removed from school completely due to behavior. Often, the behavior is related to their disability.  

In these situations, parents have rights, although many don’t realize it.  Knowing your rights can make a real difference, but the special education system isn’t easy to understand. That’s where Ability Allies steps in. We help families of children with disabilities understand their rights and take action to protect the education of their child.  

Working Toward Solutions

Schools are required to provide parents with the Notice of Procedural Safeguards when taking certain actions, such as revising a student’s IEP or removing the student to a more restrictive setting.  But the Notice is a lengthy document providing parents’ legal rights, and it can be confusing. The final page includes contact information for organizations that can help explain those rights and how to use them. Ability Allies is one of those organizations. 

Parental rights are important, but so is collaboration and ongoing communication with your child’s school. When schools and families communicate regularly, small problems are caught before becoming bigger ones. 

If you have concerns, start by requesting an IEP meeting. Before the meeting, write down what you’re seeing—specific times your child is sent home, left out of class activities, or not given the support listed in their IEP. Ask the school what supports are being provided and for documentation showing how they’re working. 

If these conversations don’t lead to change, reach out to Ability Allies or one of the organizations listed in the Notice of Procedural Safeguards. Remember that your voice matters and the law is on your side.

Visit Ability Allies’ website for our: 

• Intake application
• Newsletter sign-up
• Presentation request form
• Donation page

Article written by Mimi Huybers, Esq., and Margaret Jones, Esq., from Ability Allies, a nonprofit that provides free and low-cost advocacy and legal services, and free presentations regarding special education issues. 

The statements contained herein are provided for informational purposes, and are not to be considered legal advice.