The Individuals with Disabilities Education Act (IDEA) requires public schools to provide qualifying students with disabilities a Free and Appropriate Public Education (FAPE) through an Individualized Education Program (IEP). The goal is to help students make effective progress using specially designed instruction and/or related services such as speech and language therapy, occupational therapy, assistive technology and counseling to meet their unique needs.

Throughout the process, parents have a right to participate in the educational decision-making regarding their child with a disability. As parents, you are a vital member of the Team that designs your child’s special education program. If parents believe that their child is being denied a FAPE, parents can challenge the school’s decision at a due process hearing.

Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act prohibits discrimination against individuals with disabilities. In a public-school setting, a student found ineligible for special education services under the IDEA may qualify for special education accommodations and services under Section 504. These students are entitled to a FAPE and are placed on a 504 Plan.

To suspend or expel a student, certain procedures must be followed to preserve the student’s due process rights. If a student is suspended for more than ten (10) days, the student has the right to written notice explaining the charges, describing the supporting evidence and specifying the date, time and place of the discipline hearing. A student has a right to be represented by an attorney at the discipline hearing and present his own evidence and witnesses. A special education student is afforded additional rights and protections under IDEA.

Massachusetts is one of the first states to have a statute on bullying in schools. Chapter 71, Section 370 of Massachusetts General Law which defines bullying also provides additional protection for Special Education students by allowing schools to incorporate necessary safeguards against bullying directly into the student’s IEP. Because Special Education students are often the targets of bullying and harassment in schools, this law allows for the child’s IEP to include strategies that address each student’s individual needs.