You have rights under Federal Law

Individuals with Disabilties Education Act - 20 U.S.C § 1400 et seq.

Child Find - to have your child identified and assessed by the public schools for special education services even if your child attends private school.

Assessment - to have an assessment with standardized instruments in all areas of suspected disability by persons knowledgeable about those assessment instruments.

Individualized Education Plan (“IEP”) - if your child is eligible for special education, he or she is entitled to a written plan that specifically addresses your child unique needs and thereby provides a free appropriate public education (“FAPE”).  Includes services for children under 3 years old.

Re-evaluations - At least yearly or by request of the public school or the parent or guardian.

Prior Written Notice - of any changes the public school intends to implement or refuses to implement in your child’s IEP.

Mediation and Due Process Hearing - to address and remedy complaints about the lack of or type of special education services being provided to your child.  Provides for reimbursement of funds spent privately to obtain needed educational services under certain legal requirements.   Includes reimbursement of your legal fees as a prevailing party at hearing  under certain legal requirements.

Section 504 of the Rehabilitation Act of 1972

Section 504 is a civil rights law that prohibits discrimination on the basis of disability in public and private schools.   Discrimination could be defined as failure to provide the same services to disabled children that are provided to regular education children.

Provides for special education and related services to address the unique needs of children with disabilities.

Prohibits discrimination in school sponsored extracurricular activities.

Gives parents the right to a District based hearing if there is a complaint. Also allows filing in Federal District Court.  Allows reimbursement for legal fees if the parent is the prevailing party.

Provides for punitive monetary awards in some circumstances.