Special Education & Disability Rights
Protecting the Rights of Students with Disabilities
Students with disabilities are entitled to equal access to education under federal laws such as the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). When schools fail to provide necessary accommodations, deny services, or discipline students unfairly due to their disabilities, legal advocacy can help ensure their rights are upheld.
Common Violations of Special Education Rights
Schools and educational institutions are required to provide appropriate support for students with disabilities. Common violations include:
- Failure to develop or implement an Individualized Education Program (IEP) or 504 Plan
- Unjustified denial of special education services
- Inadequate accommodations in testing, classrooms, or extracurricular activities
- Discriminatory disciplinary actions or unnecessary referrals to alternative schools
- Failure to address bullying or harassment related to a student’s disability
- Unlawful restraint, seclusion, or exclusion from school activities
The Impact of Special Education Violations
When schools fail to comply with disability rights laws, students may struggle academically, experience emotional distress, or fall behind their peers. Without intervention, these violations can affect a student’s long-term success, including college opportunities, career readiness, and social development.
How We Assist Students and Families
Student Rights Defenders work with students and their families to ensure that schools fulfill their legal obligations. Our approach includes:
- Reviewing and advocating for appropriate IEP and 504 Plan accommodations
- Challenging wrongful denials of services or placement in restrictive educational settings
- Representing students in disciplinary hearings to prevent discriminatory removals
- Filing formal complaints with the Office for Civil Rights (OCR) or state education agencies
- Ensuring schools address bullying and provide a safe learning environment
Frequently Asked Questions About Special Education and Disability Rights
- What is the difference between an IEP and a 504 Plan?
An IEP is a legally binding document under IDEA that provides specialized instruction, while a 504 Plan provides accommodations under Section 504 for students who do not require specialized instruction but still need support. - What should I do if my child’s school refuses to provide accommodations?
Parents can formally request a meeting to review the accommodations. If the school remains uncooperative, a complaint can be filed with the Office for Civil Rights or a due process hearing can be requested. - Can a school suspend or expel a student with a disability?
Schools may discipline students with disabilities, but additional legal protections exist. If a behavior is related to the student’s disability, schools must conduct a manifestation determination review before imposing significant disciplinary actions. - What rights do students with disabilities have in higher education?
Colleges and universities must provide reasonable accommodations under the ADA and Section 504, though they are not required to create an IEP. - How can I challenge an unfair special education decision?
Parents and students can request an IEP meeting, file a state complaint, request mediation, or initiate a due process hearing. - Are schools required to stop bullying of students with disabilities?
Yes, schools must take steps to address harassment or bullying if it interferes with a student’s ability to access education. - Can parents bring an advocate or advisor to school meetings?
Yes, parents have the right to bring an advocate, advisor, or legal representative to IEP or 504 Plan meetings. - What happens if a school places a child in an alternative setting?
If a placement is inappropriate, parents can challenge it through the IEP process, mediation, or a due process hearing. - Can a student receive accommodations for standardized testing?
Yes, students with disabilities may qualify for accommodations on exams like the SAT, ACT, or state assessments, but they must request approval in advance. - What can be done if a school refuses to follow an existing IEP or 504 Plan?
Parents can document the violations, formally request compliance, and escalate the issue through a complaint process or legal action if necessary.
Ensuring Equal Educational Opportunities
Every student deserves a fair and accessible education. Student Rights Defenders help students and families navigate the special education system to secure the services and protections they are entitled to. If you need assistance with special education or disability rights matters, contact Student Rights Defenders at (856) 209-3111 or email [email protected].