Special Education and the Law: Know Your Rights as a Parent

What Every Parent Should Understand About Special Education and the Law

When your child needs support in school, the special education process can feel overwhelming. You’re asked to absorb acronyms, laws, timelines, and procedures—often while also navigating your child’s day-to-day challenges. It’s a lot. And yet, buried in all of it is something powerful: your legal rights.

You have rights that are meant to protect your child and give you a real seat at the table. But too often, parents aren’t clearly told what those rights are or how to use them. They’re buried in documents, mentioned in passing, or explained in a rush.

This post is here to change that. You don’t need a legal degree to understand what you're entitled to. You just need someone to spell it out plainly. Let's get comfortable with special education and the law.

You have the right to clear, understandable information.

Schools are legally required to inform you of your rights. That includes providing written documents, like the procedural safeguards notice, in a language and format you can understand. If English isn’t your primary language—or if the language in those documents just isn’t making sense—you can ask for help. You're entitled to meaningful access.

Don’t hesitate to pause a conversation and say, “Can you explain that differently?” Or to ask someone you trust to walk through the documents with you before signing anything. You deserve to understand what’s being said and decided.

You have the right to take an active role in decisions.

As a parent, you’re not just observing the IEP process—you’re part of the decision-making team. Your insight matters. You know your child better than anyone. If a meeting is scheduled when you can’t make it, you can ask to reschedule. If you want more time with a draft IEP before the meeting, you can request it.

You’re also allowed to bring someone with you. That could be a friend, a relative, a service provider, or an advocate. You don’t need to justify why. Having support in the room can help you feel more confident and stay focused on your child’s needs.

You have the right to request an evaluation.

If you suspect your child may have a disability that’s affecting their learning, you can ask the school to evaluate them. Your request must be in writing. The school has to respond in a timely manner—usually within 15 business days—and either agree to evaluate or explain, in writing, why they won’t.

If the school says no and you disagree, that doesn’t end the conversation. You’re allowed to challenge the decision and pursue other options, like a second opinion or a due process complaint.

You have the right to disagree with the school—and pursue solutions.

Disagreements happen. Maybe you think the school is underestimating your child’s needs, or not following through on the services in the IEP. You’re not stuck. You can request a meeting to revisit decisions. You can bring in additional data. You can file a formal complaint, request mediation, or initiate a due process hearing if needed.

These options exist to protect your child’s right to an appropriate education. Knowing they exist helps you advocate more effectively—even if you never need to use them.

You have the right to see every record related to your child.

You can ask to see your child’s educational records at any time. This includes evaluations, testing data, service logs, progress reports, emails, and other documentation used to make decisions about their education. You don’t need a reason to ask.

If you’re concerned that services aren’t being delivered as promised, request the service logs. If you notice a drop in progress, ask to review the data. These records help you see the full picture.

You have the right to appropriate support for your child.

Your child is entitled to a Free Appropriate Public Education (FAPE). That means their IEP should include the services, supports, and accommodations necessary for them to make meaningful progress, not just whatever the school happens to have available.

If you believe the services aren’t working, or that your child isn’t making expected progress, say so. You can ask for a meeting to revisit goals, adjust services, or bring in outside evaluations. The standard is what your child needs, not what’s convenient.

You have the right to follow up and hold the system accountable.

Once an IEP is in place, the school is responsible for delivering every service listed. That includes tracking how often support is provided and measuring whether your child is progressing toward their goals.

If something feels off—if a service seems to be missing or your child isn’t improving—ask questions. Follow up. Document your concerns. Request meetings. Accountability starts with paying attention, and you are well within your rights to do so.

You have the right to be respected and taken seriously.

You don’t need to prove your worthiness as an advocate. You’re already your child’s most consistent support system. You deserve to be treated like a full partner, with transparency, honesty, and respect. Your questions are valid. Your observations are valuable. Your concerns are legitimate.

No one else will care more than you. That’s your greatest strength.