CHECKLISTS For Parents

Statutory Duties of the Department of Education

The Department of Education is legally required to fulfill the following obligations to ensure children with disabilities receive a free and appropriate public education (FAPE):

  • Conduct timely evaluations to determine if a child qualifies for special education services under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act.

    Provide Independent Educational Evaluations (IEEs) at public expense if parents disagree with the school’s evaluation.

  • Create an IEP tailored to the child’s unique needs, including measurable goals and appropriate accommodations, modifications, and services.

    Ensure the IEP is reviewed and updated annually to reflect the child’s progress and evolving needs.

  • Deliver special education and related services at no cost to parents, ensuring the child’s educational needs are met.

    Offer services in the least restrictive environment (LRE), meaning children with disabilities should be educated alongside their non-disabled peers to the greatest extent possible.

  • Notify parents of their rights under IDEA and Section 504, including the right to participate in meetings, access educational records, and challenge decisions through due process.

    Provide prior written notice before making changes to a child’s educational placement or services.

  • Protect students with disabilities from bullying and harassment, ensuring a safe and supportive learning environment.

    Take immediate and appropriate action to investigate and resolve complaints of bullying or discrimination.

  • Develop a transition plan as part of the IEP by age 16 (or earlier in some states) to prepare students for life after high school, including higher education, employment, and independent living.

  • Provide accommodations and modifications to ensure students with disabilities have equal access to education and extracurricular activities.

    Prevent discrimination against students with disabilities in all school programs and activities.

  • Provide additional services to make up for any gaps caused by the school’s failure to meet its legal obligations, ensuring the child’s educational progress is not hindered.

  • Offer mediation, resolution sessions, or due process hearings to resolve disagreements between parents and the school district.

If you believe the DOE is not meeting these requirements, it’s important to take action. Contact our firm to discuss your concerns and learn how we can help you hold the school district accountable and secure the services your child is entitled to.

What to Do Before Contacting a Special Education Lawyer

Taking these steps before reaching out to a special education lawyer can help streamline the process and strengthen your case:

  • Parents can pay for a private neuropsychological evaluation out of pocket and request reimbursement at an impartial hearing.

    Parents also have the right to request an Independent Educational Evaluation (IEE) at public expense if they disagree with an evaluation conducted by the school district. To start this process, parents must formally submit a request for the IEE to the district. If the district agrees to fund the IEE, parents will be given a list of neuropsychological evaluators not affiliated with the district.

  • If you disagree with the school’s evaluation, request an Independent Educational Evaluation (IEE) at the district’s expense. This can provide an unbiased assessment of your child’s needs.

  • Parents can additionally request an IEE at the district’s expense for evaluations conducted by a speech pathologist, an occupational therapist, a physicaltherapist, a board-certified behavior analyst (BCBA), an audiologist, etc.

    Keep a copy of your request and any correspondence with the school for your records.

  • Collect all relevant documents, including:

    Your child’s IEP or 504 Plan (if applicable).

    Progress reports and report cards.

    Communication with teachers, school administrators, or the district (emails, letters, meeting notes, etc.).

    Any prior evaluations or assessments conducted by the school or private professionals.

  • Keep a record of your child’s academic performance, behavioral challenges, and any areas where they are struggling.

    Note any instances where the school has failed to implement the IEP or 504 Plan, or where promised services were not provided.

  • Write down specific concerns about your child’s education, including:

    Areas where the school is not meeting your child’s needs.

    Services or accommodations you believe your child requires but is not receiving.

    Any instances of bullying, discrimination, or disciplinary actions that may be related to your child’s disability.

  • Participate in all scheduled meetings with the school to discuss your child’s IEP or 504 Plan.

    Take detailed notes during these meetings and ask for a copy of the meeting minutes or summary.

  • Before contacting a lawyer, try to address your concerns directly with the school or district. This may involve:

    • Requesting a meeting with the IEP team or school administrators.

    • Writing a formal letter outlining your concerns and desired outcomes.

    Keep a record of all attempts to resolve the issue.

  • Familiarize yourself with your child’s rights under the Individuals with Disabilities Education Act (IDEA)and Section 504 of the Rehabilitation Act

    Knowing these rights will help you advocate effectively for your child. 

  • Create a detailed timeline of key events, including when concerns first arose, evaluations were conducted, services were provided (or denied), and meetings took place.

If you’ve taken these steps and still feel your child’s needs are not being met, it’s time to contact a special education lawyer. We can help you navigate the next steps, advocate for your child’s rights, and hold the school district accountable. Reach out to us today to discuss your case and learn how we can assist you