FREQUENTLY ASKED QUESTIONS

What is FAPE and how does it protect my child's educational rights? 

FAPE is an acronym for Free Appropriate Public Education.  FAPE ensures that students with unique needs and disabilities are given an educational experience comparable to those without them. Students with disabilities are expected to be educated with students without disabilities as much as it is appropriate.

 

Who is eligible for FAPE? 

Under the Individuals with Disabilities Education Act (IDEA), Free Appropriate Public Education (FAPE) is provided to students who have various disabilities such as physical impairments or learning disabilities. This law applies to public schools and guarantees that eligible students receive the necessary educational and related services.

 

What services are included under FAPE? 

Services provided under FAPE are tailored to meet the unique requirements of each student and can include special education, counseling, physical therapy, speech-language pathology, and more.

 

How is an Individual Education Plan (IEP) connected to FAPE? 

An Individualized Education Program (IEP) is a document that is created for each child who requires special education in public or charter schools. The IEP is an essential part of a Free Appropriate Public Education (FAPE) as it outlines the child's specific learning needs, the services that the school will provide, and how progress will be measured. The development of the IEP is a collaborative effort, that involves the parents, teachers, school administrators, and, when appropriate, the student.

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What if I believe my child's rights under IDEA are being violated? 

If you suspect that your child's rights under the Individuals with Disabilities Education Act (IDEA) are not being met, it is crucial to act quickly. You can begin by discussing your concerns with your child's teacher or school administrator. If the issues are not resolved, it may be necessary to take legal action. This is where we step in to help navigate the legal process and ensure that your child's rights are fully protected.

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Are there other federal laws that support children with special needs? 

In addition to the IDEA, other laws protect the rights of individuals with disabilities, including children in educational settings. These laws include the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. These laws work in conjunction with each other to guarantee that students with disabilities have equal access to education.

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What is the IDEA and how does it support children with special needs? 

The Individuals with Disabilities Education Act (IDEA) is a federal law that requires states to offer free appropriate public education (FAPE) to children with disabilities in the least restrictive environment (LRE). This law guarantees that children from birth to the age of 21 have access to special education and related services that are customized to meet their unique needs.

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How does IDEA define a 'child with a disability'? 

Under the Individuals with Disabilities Education Act (IDEA), a 'child with a disability' is defined as any child who has specific conditions like autism, deafness, blindness, emotional disturbances, specific learning disabilities, and others. However, the child's educational performance must be adversely affected by their specific condition(s) in order to qualify for services under IDEA.

 

What are the key components of an IEP under IDEA? 

An Individualized Education Program (IEP) is a plan developed under IDEA that includes various important components. These components are a statement describing the current academic and functional performance of the child, measurable annual goals, special education and related services, participation of the child with non-disabled children, accommodations for state or district-wide tests, and transition planning for older students.

 

How is a child's eligibility for IDEA services determined? 

To determine eligibility for IDEA services, a comprehensive evaluation process is carried out. This process involves a review of the child's academic performance and behavior, conducting assessments, and taking into account inputs from parents, teachers, and other professionals. The purpose of this evaluation is to ascertain if the child has a disability and requires special education services.

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Can parents dispute decisions made under the IDEA? 

Parents can dispute decisions regarding their child's identification, evaluation, or educational placement. IDEA provides several ways to resolve disputes, including mediation, filing a complaint with the state education agency, or due process hearings.

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How does the IDEA ensure the involvement of parents in decision-making? 

IDEA places a significant emphasis on parent involvement in their child's education. Parents are considered equal partners with school staff in making decisions about their child's education. They have the right to participate in Individualized Education Program (IEP) meetings, access educational records, and be informed of their child's progress.

 

My child attends a charter school, can I still be helped? 

Charter schools are also subject to laws such as the IDEA, the ADA, and Section 504 of the Rehabilitation Act, which protect the rights of people with disabilities, including children in educational settings.

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I have been so frustrated with public education that I am considering homeschooling my child, can I do that? 

If you find yourself in certain circumstances where you need accommodations such as home schooling, it is important to seek legal advice before taking any action. Your rights have specific provisions that are best understood with the help of a lawyer. This will ensure that your actions support your rights and do not detract from them.

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I feel like the system is stacked against me. Am I alone? 

No! The law surrounding education can be complex and challenging to understand. Many teachers and administrators who are responsible for implementing these laws often lack the necessary training, resources, and time to properly accommodate students with Individualized Education Plans (IEPs) or 504 accommodations. We recognize that school districts have many dedicated and hardworking educators, and we do not place blame on individuals. Rather, the education system as a whole can be difficult for students, parents, and teachers to navigate. 

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Our mission is to help make the education process smoother for families. We understand that teachers and administrators may need guidance in understanding the unique needs of each child, as well as their rights under the law. The laws governing education are meant to benefit all students, and we want to ensure that both teachers and students feel empowered by the process. We are here to help you and your child navigate the education system and achieve success.

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How long does it take? 

In many situations, it is required by law for schools to address any violations of your child's rights within a short time, often within 90 days or even sooner. Just imagine that you and your child can receive the attention and solutions that you have been searching for in less than a semester. The earlier you reach out to us, the sooner we can assist your child in obtaining the education they are entitled to.

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Why are you doing this?

We care about kids! Our team of attorneys firmly believes that education has the power to change lives because it has changed our own lives. We strongly believe that education should be accessible to everyone, and we are dedicated to improving the educational landscape, one student, one parent, and one teacher at a time. If you join us today, we will demonstrate how we can help you and your child enhance your educational experience beyond your wildest dreams.

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What happens if the school agrees to change, but then keeps violating the law? 

One of the best things about the IDEA is that if a school continues to violate your rights even after agreeing to provide educational accommodations, you have the right to bring a claim for each violation. If your rights have been violated, we will seek fairness (once again at no cost to you) and ensure that the school understands that you and your child are not merely numbers, but protected members of society with rights, voices, and assertive attorneys.

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