Every child with a disability deserves the chance to learn, belong, and thrive in school. The federal special education law, the Individuals with Disabilities Education Act (IDEA), guarantees a free, appropriate public education to eligible children with disabilities. To be eligible, a child must have a disability and need specialized instruction in order to benefit from education.

Under IDEA, the child’s parents and the public school develop an Individualized Education Program (IEP). The IEP is a contract between the school and parent that details the specific services and supports the child will receive to address the child’s unique needs.

Today, more than 7.8 million children with disabilities, about 15% of public school students, receive special education and other services that are designed for each child to make academic progress. These children have disabilities such as intellectual disabilities, learning disabilities, blindness, hearing loss, and physical disabilities.

IDEA became law in 1975 because parents of children with disabilities demanded access to their public schools. Before federal protections existed, states could exclude children with disabilities from public schools, and many did. Millions were denied an education, not because they couldn’t learn, but because society did not believe they were worth educating. That changed because of federal action. Parents, led by The Arc, fought in court and won. Their victory laid the foundation for IDEA and generations of opportunity.

The below guide draws directly from The Arc’s education policy experts and The Arc@School Advocacy Curriculum, a leading national program helping families and educators navigate special education systems with confidence.

What is an IEP and why does it matter?

An IEP is a written plan that details how a school will meet a student’s individual learning needs. It sets clear, measurable goals and includes details of the support your child needs to reach them. Teachers and service providers must implement the plan and monitor progress throughout the year. IEP services are provided at no cost to the child’s family.

How is an IEP different from a 504 Plan?

Both IEPs and 504 Plans provide supports for students with disabilities, but they serve different purposes.

An Individualized Education Program (IEP) is prepared for a student who has both a disability and needs specialized instruction. To qualify, the student must fall into one of 13 disability categories. An IEP includes individualized goals, special education services, and related supports like therapy or assistive technology. For example, a child with a specific learning disability may need specialized instruction to learn to read.

Not every child with a disability needs specialized instruction, though. Some children just need accommodations at school. A child with diabetes must be able to check her insulin and eat at unscheduled times in order to manage her blood sugar. For this child, her needs are protected by Section 504 of the Rehabilitation Act of 1973. A Section 504 plan requires public schools to provide equal access to education through reasonable accommodations, such as modified assignments, flexible testing, adaptive equipment, or changes to the learning environment.

What are a student’s rights under IDEA?

Every student has the right to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). These rights ensure that students with disabilities receive the supports they need at no cost to families and, whenever appropriate, learn alongside their non-disabled peers.

“IDEA ensures every child with a disability receives an appropriate public education,” says Katy Neas, CEO of The Arc of the United States. “Students are general education students first, but the way they access learning looks different for each child. Some master grade-level content with the right supports. Others make meaningful progress toward individualized goals. Both are success stories under IDEA.”

Learn more about how The Arc defends these rights: Education Policy & Advocacy

What does “appropriate” mean for a child’s education?

An appropriate education helps a child make measurable and meaningful progress based on their abilities and needs. It must be ambitious enough to promote growth, but flexible enough to meet each child where they are.

Supports and services should make learning accessible and engaging, whether that means assistive technology, alternative materials, or extra time for assignments.

“Every child learns in their own way and at their own pace,” says Robyn Linscott, Director of Education & Family Policy at The Arc of the United States. “An appropriate education honors that individuality. When a student discovers a new skill or takes a step toward independence, that success is every bit as meaningful as test scores or grades.”

What is FAPE in practice?

A Free Appropriate Public Education means schools cannot deny or delay services because of cost or convenience. It ensures your child receives specialized instruction and supports designed to help them succeed in school and in daily life.

If your child needs speech therapy, occupational therapy, a one-to-one aide, or assistive technology, those services must be written into the IEP and provided without charge. FAPE exists so children with disabilities have the same chance to succeed as their peers.

What is the Least Restrictive Environment (LRE)?

The Least Restrictive Environment means that students with disabilities should learn in general education settings whenever appropriate. Schools must first provide supports that make inclusion successful, such as paraprofessionals, sensory tools, assistive technology, or co-teaching, before considering more specialized settings.

The goals are growth, inclusion, and progress, not separation, and the key is flexibility. As children gain skills, their needs and environments should evolve with them.

How do I start the IEP process? (Child Find and evaluation)

Schools must identify and evaluate any child who may need special education services. This is known as Child Find.

If you suspect your child has a disability, send a written request to the principal or special education coordinator asking for a comprehensive evaluation. Keep a copy of your request.

Evaluations must include multiple tools, such as classroom observations, standardized tests, and teacher input, and be conducted by qualified professionals. The results determine eligibility for services and guide the IEP team’s decisions.

You do not need a medical diagnosis to request an IEP, though a diagnosis can sometimes strengthen the request for services.

Do I have to give written consent for IEP consideration?

Yes. Schools must get your informed, written consent before the first evaluation and before providing special education services for the first time.

You have the right to review the results and ask questions before signing. You can refuse or withdraw consent, but that may stop services. Written consent ensures that you understand and agree to what the school proposes.

What is prior written notice (PWN) and when do I get it?

Prior written notice is a document schools must give parents before starting, stopping, or changing eligibility, placement, or services, and when they deny a parent request.

The notice must explain what the school plans to do, why it made that decision, what data it used, what options were considered, and what your rights are.

Keep every prior written notice. It creates a clear record of decisions about your child’s education.

What if the school denies my child an IEP?

If your child is found ineligible for an IEP, the school must explain the decision in writing and share the data used.

You can:

• Request an independent education evaluation. This evaluation must be provided at no cost to the family.
• Request a meeting to discuss the results and possible next steps, including a possible 504 Plan.
• File a complaint with your state’s Department of Education if you believe the evaluation was incomplete or inaccurate.
• If the issue is not resolved, you can file a complaint with the U.S. Department of Education’s Office for Civil Rights.

Document every step and keep copies of all correspondence.

Who is on the IEP team and how do parents participate?

The IEP team includes the parent or guardian, general and special education teachers, a school representative, and someone who can interpret evaluation results. It must also include someone who can make decisions on behalf of the school. Other people, such as therapists or advocates, may also be invited. Parents can also bring anyone they want to the IEP team, whether it is a friend or advocate.

Schools must schedule meetings at a convenient time and provide language interpreters if needed. If you cannot attend, the school must show it made reasonable efforts to include you.

“IEPs work best when parents and schools can establish a trusting relationship,” Katy Neas explains. “Strong IEPs are built on trust and good information. Share what works at home. Ask for data. Make sure decisions are written clearly so everyone knows who is doing what and when.”

What happens if my child’s behavior leads to discipline?

Behavior is a form of communication. If a child is suspended for any amount of time, parents should work with the school to explore whether the behavior was linked to the child’s disability or a failure to follow the IEP. If so, the student must return to their placement, and the school must fix the problem and develop a Behavior Intervention Plan. If a student is suspended for more than 10 consecutive school days, parents should request a meeting with the IEP team.

What happens if the school uses restraint or seclusion practices on my child?

“Behavior challenges often come from unmet needs, not defiance,” says Robyn Linscott. “Restraint and seclusion are never teaching tools. The focus should always be on understanding triggers, adjusting supports, and helping students feel safe and heard.”

Read more about why restraint and seclusion harm students: Leah should have never been secluded and restrained

Do schools still provide services during suspension or expulsion?

Yes. Even during suspension or expulsion, a student must continue receiving services that allow progress toward IEP goals. The IEP team decides how those services are delivered.

How do I start planning for life after school?

Planning for life after high school, often called transition planning, must begin by age 16, though many schools start earlier. The student should be invited to these meetings, which focus on goals for education, employment, and independent living.

Students with disabilities have the right to special education services through age 21 under IDEA. Transition planning ensures that the final years of schooling prepare them for what comes next, including continuing education, work, or community life.

As students grow, their needs change. Transition planning helps young people build confidence, skills, and self-advocacy for adulthood. When a student turns 18, educational rights usually transfer from parents to the student.

How is the dismantling of the U.S. Department of Education impacting IEPs?

Efforts to dismantle the U.S. Department of Education are already underway, and the consequences for students with disabilities are serious.

The Department enforces IDEA, monitors compliance, and provides funding and oversight. Without it, there is no national consistency or accountability, and families risk losing vital protections.

Read the op-ed: Department of Education helps students with disabilities. Don’t let it disappear (Newsweek)

The Arc continues to fight to protect the Department’s role so that every child, in every state, can count on their rights being enforced.

Four real-life scenarios and exact steps

1. Eligibility: “My child is struggling. How do we get tested to see if special education services are needed?”
   1. Email the principal and special education coordinator. State that you suspect a disability and request a comprehensive evaluation. Ask for a reply and a consent form.
   2. Keep a dated copy. Schools must identify and evaluate students who may need services and evaluate in all areas of suspected disability. Consent is required.
   3. If you disagree with the school’s evaluation, request an Independent Educational Evaluation (IEE) at public expense or obtain your own. The school must consider it and issue prior written notice if denying changes.
2. Services: “My child’s IEP is vague. Supports are not happening.”
   1. Ask for an IEP meeting in writing. Request that supports be specific and written into the IEP.
   2. After the meeting, ask for prior written notice summarizing decisions and the data used.
   3. Only written commitments are enforceable. PWN is required before changes or denials.
3. Discipline: “My child was suspended for two weeks.”
   1. Request an IEP meeting within 10 school days. At this meeting, the team will explore whether the child’s behavior was a result of his disability.
   2. Ask to review data and the IEP. If behavior is a manifestation or the IEP wasn’t implemented, request a return to placement, a Functional Behavioral Assessment, and a Behavior Intervention Plan. These protections prevent punishing the child for having a disability and require supports to address behavior.
4. Transition: “My disabled teen needs a plan for life after high school.”
   1. Ask for transition goals and services at the next IEP meeting. Invite your student.
   2. Talk with your child about what they want to do when they complete school. Your child’s IEP must include a transition plan and corresponding services no later than age 16, but parents and their child should start planning sooner.

Quick action checklist

• Put every request in writing
• Ask for prior written notice after each decision
• Keep an IEP folder for all records and progress reports
• Request meetings if problems arise
• Ask how progress is measured
• If your child is suspended more than 10 days, request a manifestation determination meeting

Learn more and take the next step

• Build your advocacy skills with The Arc@School Advocacy Curriculum
• Stay informed through Education Policy & Advocacy

Written by: Katy Neas, CEO, and Robyn Linscott, Director of Education and Family Policy, The Arc of the United States
Reviewed by: Katy Schmid, Senior Director of National Program Initiatives, who oversees The Arc@School