Frequently Asked Questions

Your child may be eligible if they have one of the 13 disability categories recognized under IDEA (such as learning disability, autism, speech/language impairment, intellectual disability, etc.) AND if that disability affects their ability to benefit from regular education without specially designed instruction. The only way to know for certain is to request a formal evaluation from your school district — in writing.

Send a written request to your school's special education coordinator or the principal. Date the letter, keep a copy, and send it via email or certified mail so you have a record. Your letter does not need to be formal — simply state that you are requesting a comprehensive evaluation for special education eligibility. IDEA gives the school 60 calendar days (or your state's timeline) to complete the evaluation after receiving your written consent.

Yes, but only if they have a legitimate reason. If the school declines your request, they must provide written notice explaining why. You have the right to disagree with this decision and request mediation or a due process hearing. You can also file a complaint with your state education agency.

If your child does not qualify under IDEA, they may still be eligible for a 504 Plan under Section 504 of the Rehabilitation Act, which can provide accommodations. You can also request an Independent Educational Evaluation (IEE) at the school's expense if you disagree with their evaluation results.

An Individualized Education Program (IEP) is a legally binding written document developed by a team — including you as the parent — that outlines your child's present levels of performance, annual goals, the special education services they will receive, their placement, and how progress will be measured. It is reviewed and updated at least annually.

The IEP team must include: you (the parent), your child's general education teacher, a special education teacher, a school representative who can commit district resources, someone who can interpret evaluation results (often a school psychologist), your child (when appropriate, especially for transition planning at age 16), and any related service providers (speech therapist, OT, etc.) as relevant.

Absolutely. You have the right to bring an advocate, a friend, a family member, or an attorney. You should notify the school in advance that you will have a guest. Many parents find it helpful to bring a trusted person who can take notes and help them stay focused.

You do not have to sign the IEP if you disagree. You can consent to some parts and not others. You can request a meeting to discuss changes. If you cannot reach agreement, you have the right to request mediation, a resolution meeting, or a due process hearing. Document all your concerns in writing.

The full IEP must be reviewed at least once per year. A comprehensive re-evaluation of your child's eligibility is required at least every three years (called a triennial review), unless you and the school agree it is unnecessary. You can request an IEP meeting at any time if you have concerns.

IDEA provides extensive procedural safeguards including: the right to receive written notice before any changes to your child's education; the right to participate in all meetings about your child's identification, evaluation, and placement; the right to review all educational records; the right to request an Independent Educational Evaluation (IEE); and the right to use dispute resolution if you disagree.

The Procedural Safeguards Notice is a document the school is required to give you at least once per year, and at other key times (such as when you request a due process hearing). It explains all of your rights in detail. If anything in it is unclear, contact your state's Parent Training & Information Center for help.

If you disagree with the school's evaluation, you can request an IEE — an evaluation conducted by a qualified professional who is not employed by the school district. Under IDEA, the school must either pay for the IEE or initiate a due process hearing to defend its own evaluation. The school cannot simply refuse your request without taking action.

You can file a State Complaint with your state education agency if you believe the school has violated IDEA. The state must investigate and issue a written decision within 60 days. You can also request mediation (a neutral third party helps both sides reach agreement) or a due process hearing (a more formal legal proceeding). See our State Information page for your state's specific process.

Transition planning must begin no later than the first IEP in effect when your child turns 16 (some states require it earlier). The IEP must include measurable postsecondary goals related to education/training, employment, and (where appropriate) independent living, as well as the transition services needed to help the child reach those goals.

IDEA protections end when a student receives a regular high school diploma or ages out (typically at 21 or 22, depending on the state). After that, protections shift to the Americans with Disabilities Act (ADA) and Section 504 for post-secondary education and the workplace. It's important to plan ahead for this transition well before it happens.