What is IEP Rights Advisor?

IEP Rights Advisor is your guide to understanding special education rights under IDEA (Individuals with Disabilities Education Act) and your state's specific regulations. Access procedural safeguards, understand dispute resolution options, and know exactly what schools are required to provide.

Know Your Rights

Why Knowing Your Rights Matters

Many parents don't know their rights under special education law, which puts them at a disadvantage:

Schools may not volunteer all options available
Timelines and procedures vary by state
Procedural safeguards documents are often 30+ pages of legal language
Parents don't know what they can request or refuse
Without knowing rights, parents can't hold schools accountable

IEP Rights Advisor translates legal requirements into plain language so you can advocate effectively.

      Knowledge is Power: When parents know their rights, schools are more likely to follow proper procedures and provide appropriate services. IEP Rights Advisor gives you the knowledge to advocate confidently.
    

Core IDEA Parent Rights

Right to Evaluation: Request an evaluation at any time; school must respond within state timelines
Right to Participate: Parents are equal members of the IEP team
Right to FAPE: Free Appropriate Public Education in the Least Restrictive Environment
Right to Prior Written Notice: Schools must notify you in writing of any proposed changes
Right to Consent: Schools need your consent for evaluations and initial placement
Right to Access Records: Full access to your child's educational records
Right to Independent Evaluation: Request an IEE at public expense if you disagree with school evaluation
Right to Dispute Resolution: Mediation, state complaints, and due process hearings
Right to Revoke Consent: Withdraw consent for special education services at any time
Stay-Put Rights: Child remains in current placement during disputes

State-Specific Resources

IEP Rights Advisor provides access to:

Procedural Safeguards Handbooks: Official state documents explaining parent rights
State Administrative Codes: State-specific special education regulations
Timeline Requirements: How many days schools have to respond in your state
State Complaint Procedures: How to file a complaint with your state education agency
Due Process Information: State-specific due process hearing procedures
Mediation Services: Free mediation options in your state
Parent Training Centers: State PTIs (Parent Training and Information Centers)

Dispute Resolution Options

When you disagree with the school, you have multiple options:

1. IEP Facilitation

A neutral facilitator helps conduct productive IEP meetings. Available in many states for free.

2. Mediation

A trained mediator helps you and the school reach agreement. Free and confidential. Available in all states.

3. State Complaint

File a written complaint with your state education agency alleging IDEA violations. State must investigate within 60 days.

4. Due Process Hearing

A formal legal proceeding before an impartial hearing officer. Results in a legally binding decision.

5. Federal Complaint (OCR)

File with the Office for Civil Rights for discrimination complaints under Section 504 or ADA.

Common Rights Parents Don't Know

You can bring anyone to IEP meetings (advocate, attorney, support person)
You can record IEP meetings (in most states with notice)
Schools must provide documents in your native language
You can request an IEP meeting at any time, not just annually
Schools must consider your input and concerns
You can refuse to sign an IEP you disagree with
Extended School Year (ESY) is available if your child regresses
You can request an Independent Educational Evaluation (IEE) at public expense
Schools cannot predetermine placement before the IEP meeting
Prior Written Notice must explain why the school agrees or refuses your requests

Important Timelines Under IDEA

Initial Evaluation: 60 days from consent (or state timeline)
Eligibility Determination: Within timeline after evaluation
IEP Development: Within 30 days of eligibility determination
Annual IEP Review: At least once per year
Reevaluation: At least every 3 years (or more frequently if requested)
Prior Written Notice: Reasonable time before proposed action
State Complaint Decision: 60 days
Due Process Decision: 45 days after resolution period

Frequently Asked Questions

What if the school violates my rights?

Document everything. You can file a state complaint or request due process. Many violations can be resolved through conversation first, but having documentation protects you if formal action is needed.

Do I need an attorney for due process?

Not required, but often helpful. Parents can represent themselves (pro se). Some states have low-cost legal services for special education. Our Advocate Matching can also connect you with certified advocates.

Can the school retaliate against my child?

Retaliation is illegal. If you experience retaliation for exercising your rights, document it and report to the Office for Civil Rights.

Be Your Child's Best Advocate

Understanding your rights is the foundation of effective advocacy. Know what schools must provide.

Access IEP Rights Advisor