Special Education Law

Under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, students with disabilities have a protection to their educational rights. All children are entitled to a “free appropriate public education” (FAPE) provided to them at no-cost. The school system is required to meet the child’s needs, whether it be by specialized classes, tools, or an environment. If the school is not providing this, then the student may be entitled to a placement at another school that can (which could include a specialized program at a private school).

Services are provided as part of a written Individualized Family Services Plan (IFSP) for children age 0-3, or an Individualized Education Program (IEP) for children in Pre-K through 12th grade. If you believe your child may be entitled to an individualized plan, or if you do not believe that your child’s plan is adequate, then the team can meet and perform additional testing in the areas of suspected disability and/or adjust the strategies and tools your child may require for the plan to be properly implemented.

If a child is a special education student and is subject to discipline, there are also certain procedures and mandates the school must follow. Often it can begin with the 504 team or IEP team in a meeting. Other times, it is by a manifestation determination meeting. If you find yourself in one of these situations, not only can we here at BGS Law, LLC assist, but we will go with you to the meeting and any subsequent school board hearing or IEP team review.

Your child has a right to a free appropriate public education in the least restrictive environment. We can help ensure that your child’s needs are being met and to enforce any rights you and your child have if they are not.