Rights of Children and Families in Special Education

Students with disabilities and their parents have many rights under the law. The federal Individuals with Disabilities Education Act (IDEA) and Rehabilitation Act both protect students with disabilities who need special education services. Special education includes instruction in the classroom, at home, in hospitals and in institutions. Significantly, special education includes a range of services intended to meet each child's individual needs. Depending on the needs of the child, these services may be provided in a general education setting, in separate settings, or in a combination of the two.

Rebecca Shore, the Director of Litigation at Advocates for Children of New York, a nonprofit organization working to ensure that all students in New York City have access to a quality education, explains the law and process that is required for students with disabilities to receive appropriate educational services. Her training covers the following subjects: 1) an overview of special education law (including the IDEA and Section 504 of the Rehabilitation Act); 2) the process for obtaining special education (including student eligibility, the referral process and securing appropriate services for a student with a disability); and 3) due process rights for students with disabilities.

Learning Objectives:

1. Identify the relevant federal laws relating to special education
2. Understand the process for obtaining special education services for a student
3. Recognize the rights of students with disabilities facing discipline
4. Grasp the process for when a parent disagrees with a school district about the education of a student with a disability