I have a child with special needs. How do I determine if the school is providing my child with an appropriate education and services?  What kind of help is available if I am not satisfied with the education my child is receiving?

The Individuals with Disabilities Education Act (IDEA) aims to ensure that all children receive a free and appropriate public education (FAPE) and special services to assist in meeting their educational needs. 

Under Part B of IDEA, each state and its public agencies must ensure that a free appropriate public education (FAPE) is made available to all students with specified disabilities in mandated age ranges, and that the rights and protections of Part B are extended to eligible students and their parents.  FAPE includes, among other elements, the provision of special education and related services  provided at no cost to parents, in conformity with an individualized education program (IEP).

The IEP is the major mechanism for ensuring a child receives FAPE.  The IEP serves as a blueprint for the child's special education needs and any related services.  The IEP team consists of the parent(s), the student (if appropriate), at least one of the child’s regular classroom education teachers, at least one of the child's special education teachers, and a qualified representative of the public agency.

If the parent and the local school district staff cannot agree on the content of the IEP, the parent can ask for a due process hearing, and an impartial hearing officer can make an independent decision in order to resolve any disagreements.  A mediation process must be available when a due process hearing is requested.

More information about IDEA is available. Guidance for developing an IEP is available in The Guide to the Individualized Education Plan (IEP).  Additional resources for information and assistance are listed below:

• National Dissemination Center for Children with Disabilities (formerly known as NICHCY):  The Dissemination Center provides families, students, educators, and others with information on disability-related topics regarding children and youth, birth through 21.  They also provide information to help you locate organizations and agencies within your state that address disability-related issues. 
• State Department of Special Education:  If the local school district is unable or unwilling to solve the problems you experience, states are the next step.   
• Office of Special Education Programs (OSEP), U.S. Department of Education: OSEP is responsible for monitoring state and local compliance to IDEA.  They have customer service representatives who work with people from each state, to provide information and help resolve problems.