Tips on Special Education Rights in Public Schools

Special Education Lawyer, Lawrence Lee Wentz, Esq., provides useful tips on ways to advocate for students with disabilities in public schools.  The tips are based on his VSA Webinar, "An Overview of Special Education Rights in Public Schools" in which Wentz discussed current US federal laws that protect students' rights in the public school system, as well as how to effectively navigate legal nuances associated with those laws, and ways the legal landscape has changed as a result of COVID-19

Right to Request an Independent Evaluation
  • Parents can request that the school district pay for an evaluation by a qualified third-party.
  • The school district must either pay for the evaluation or file for a due process hearing to prove that its evaluation was appropriate.

Right to be Educated in the Least Restrictive Environment
  • IEPs (individual education programs) must also contain a statement about the student's placement and where the student will be educated, i.e., least restrictive environment.
  • The legal obligation is for inclusion wherever "appropriate" (i.e., mainstreaming)
  • A large body of research shows this is more effective for students with disabilities and the students without disabilities.

Hearing Rights
  • Parents or school districts can request a hearing, a "due process" hearing, regarding the provision of a FAPE (free appropriate public education), a students placements, or other matters affecting the student's education.  Less formal than a judicial hearing, but not completely informal.
  • Parents can hire an attorney.

How to Advocate for a Student
  • Persistence, persistence, persistence.
  • Believe what you see.
  • Insist on new services and/or goals and/or progress monitoring (request an IEP meeting).
  • Request an independent evaluation
  • Be cooperative.
  • Use written communications (and save documents).
  • Hire a professional advocate.
  • Hire an attorney.

The link to the recording of Lawrence Lee Wentz's VSA Webinar “An Overview of Special Education Rights in Public Schools” can be found under Webinar Recordings.
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