School rights under IDEA
The Individuals with Disabilities Education Act gives children with disabilities the right to a free appropriate public education, from birth through high school.
This page is general information in plain language. It is not legal advice. For help with your own situation, contact one of the free helpers listed on this page.
The six big ideas
- Free appropriate public education (FAPE): teaching and services that fit the child, at no cost to the family.
- Evaluation: the school must evaluate a child it thinks may have a disability, and must do it within set deadlines.
- The IEP: a written plan made by a team that includes the parents.
- Least restrictive environment: children learn alongside classmates without disabilities as much as possible.
- Parent participation: parents are equal team members and must agree before services start.
- Procedural safeguards: written notices, the right to see records, and ways to settle disagreements.
Discipline
A student with an IEP can be disciplined, but there are limits. If the school wants to remove the student for more than 10 school days, it must hold a meeting to decide if the behavior was caused by the disability (a manifestation determination). If it was, the school must look at the behavior plan instead of just removing the student.
Restraint and seclusion rules vary by state. If your child was restrained or secluded, ask for the written report and contact your Protection and Advocacy agency.
Transfer of rights
At the age of majority (18 in most states), IDEA rights move from the parents to the student. The school must give notice at least a year ahead. See Turning 18.
Step-by-step guide
IEPs and help at school walks through evaluations, the IEP meeting, and what to do if you disagree.
Last reviewed: October 2026. Laws, dollar amounts, and program rules change. Check with the agency named on this page before you make a decision.