What Level of Help Can My Child Really Get? Understanding School Obligations and Parent Rights
Aug 7, 2025
As a parent of a child with a disability, you want the absolute best education and support for them. But when you enter the world of special education, it can be confusing to know what you have a right to ask for and what the school is legally required to provide. Understanding a few key legal concepts and the practical limits of the law can empower you to be a more effective and realistic advocate for your child.
The Legal Foundation: What is FAPE and LRE?
Two acronyms form the bedrock of your child's rights in special education: FAPE and LRE.
FAPE (Free Appropriate Public Education): This is the core promise of the Individuals with Disabilities Education Act (IDEA). It means the school district must provide your child with specialized instruction and related services, at no cost to you, that are designed to meet their unique needs and allow them to make meaningful educational progress.
LRE (Least Restrictive Environment): This principle requires that, to the maximum extent appropriate, children with disabilities be educated with their non-disabled peers. This means a school cannot automatically place your child in a separate special education classroom just because they have an IEP. They must first consider whether your child can be successful in a general education classroom with the use of aids and services.
What Does "Appropriate" Really Mean?
This is often the biggest point of confusion and conflict between parents and schools. The law does not require the school to provide the best possible education or to maximize your child’s potential. The legal standard, established by the Supreme Court, is that the school must provide an education that is “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” This means the bar is for meaningful, not maximum, progress. This is a critical distinction to understand when negotiating services.
What Schools MUST Provide (and What They Don't Have To)
Understanding the scope of the school's obligation helps you focus your advocacy on what is legally required.
Schools MUST Provide:
A Full Evaluation: The school must conduct a comprehensive evaluation in all areas of suspected disability before providing services.
Specialized Instruction: If your child qualifies for an IEP, they must receive specially designed instruction to address their specific deficits.
Related Services: If a service is necessary for your child to benefit from their special education, the school must provide it. This includes things like speech therapy, occupational therapy, counseling, and transportation.
Reasonable Accommodations: Both IEPs and 504 Plans must include accommodations (like extra time or assistive technology) that give your child access to the curriculum.
Implementation of the IEP: Once the IEP is signed, it is a legally binding contract that the school must follow.
Schools are NOT Required To:
Provide a specific program or methodology. You can't demand that the school use a specific reading program (like Orton-Gillingham), even if a private evaluation recommends it. The school only has to provide a program that is evidence-based and effective for your child.
Honor a specific teacher request. While you can describe the ideal learning environment for your child, you cannot demand they be placed with a specific teacher.
Provide a service just because a doctor recommends it. A doctor’s note can be powerful evidence, but the IEP team makes the final decision about what is educationally necessary.
Navigating Common Questions and Concerns
"What if the school says they don't have the resources?" Lack of funding or staff is not a legal excuse for failing to provide the services in an IEP. The district has a legal obligation to find a way to provide what your child needs, even if it means hiring staff or contracting with an outside agency.
"What if my child is being bullied?" If the bullying is related to your child's disability, the school has a legal responsibility to address it. This should be written into the IEP, perhaps through a behavior plan, counseling, or increased adult supervision.
"Can I request a private school placement at public expense?" This is possible, but the bar is very high. You must be able to prove that the public school is unable to provide your child with FAPE, even with a full range of aids and services.
Your Practical Steps as an Advocate
Put All Requests in Writing: To formally start the process, you must submit a written, dated request for an evaluation.
Document Everything: Keep a log of your child's challenges, your communications with the school, and any instances where the IEP is not being followed.
Know Your Rights: If you disagree with the school's evaluation or the proposed IEP, you have the right to request an Independent Educational Evaluation (IEE), mediation, or file for a due process hearing.
Understanding your rights and the school's obligations allows you to advocate effectively and realistically. It transforms emotional pleas into informed requests, making you a more powerful and respected member of your child's IEP team.
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Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Ohio estate planning laws can change, and outcomes depend on your personal circumstances and the evidence available. Always review your situation carefully before making decisions.