Free Appropriate Public Education (FAPE)

Every student with a disability is entitled to a Free Appropriate Public Education (FAPE).

This means:

• Education provided at no cost to the family

• Services designed to meet the student’s unique needs

• Instruction that is reasonably calculated to enable meaningful progress

Minimal or trivial progress is not sufficient.

Informed Consent

Schools must obtain informed consent before:

• Conducting evaluations

• Changing services

• Altering placement

Informed consent requires:

• Clear and specific information

• Transparency about what will be done and why

• The opportunity for parents to ask questions and receive meaningful answers

Consent is not valid if it is vague, incomplete, or unclear.

Meaningful Parent Participation

Parents are equal members of the decision-making team.

You have the right to:

• Participate in all meetings

• Provide input and concerns

• Request evaluations and services

• Receive the data used to make decisions

Participation must be meaningful—not procedural.

Access to Educational Records

You have the right to:

• Inspect and review all educational records

• Receive copies of records

• Access information in a clear and usable format

This includes:

• Progress monitoring data

• Evaluation reports

• Service logs

• Documentation used to make decisions

Access must allow for informed participation—not just compliance.

Prior Written Notice (PWN)

Schools must provide Prior Written Notice (PWN) when they:

• Propose or refuse actions related to identification, evaluation, services, or placement

PWN must include:

• What the school is proposing or refusing

• The reasons for the decision

• The data used to support the decision

• Other options considered and rejected

A vague or incomplete notice does not meet legal requirements.

Independent Educational Evaluation (IEE)

If you disagree with a school evaluation, you have the right to request an Independent Educational Evaluation (IEE).

The school must:

• Agree to fund the evaluation
  OR

• Initiate due process to defend its evaluation

Parents are not required to accept inadequate or incomplete evaluations.

Data-Driven Decision Making

Educational decisions must be based on objective, measurable data.

Students are entitled to:

• Ongoing progress monitoring

• Clearly defined goals and criteria

• Data that demonstrates progress over time

Decisions based on assumptions, observations alone, or incomplete data are not sufficient.

Equal Access (ADA & Section 504)

Under the Americans with Disabilities Act (ADA) and Section 504:

Students have the right to:

• Equal access to educational programs and services

• Non-discrimination

• Reasonable accommodations

Schools must ensure that students with disabilities:

• Are not excluded from opportunities

• Receive access comparable to their peers

• Are supported in a way that allows for meaningful participation

Access must be real—not theoretical.

When Progress Is Not Evident

If data does not demonstrate meaningful progress:

• Instruction must be reviewed

• Interventions must be adjusted

• Services must be reconsidered

Failure to make progress requires a change in approach—not continuation of ineffective supports.

You Have the Right to Advocate

You have the right to:

• Ask questions

• Request clarification

• Document concerns

• Seek additional support

Advocacy is not opposition—it is participation.

You Are Not Alone

Navigating special education can feel overwhelming, but you do not have to do it alone.

Understanding your rights allows you to:

• Ask better questions

• Make informed decisions

• Ensure your child receives appropriate support

Request Support by emailing cdimapan@disabilityaccessrights.com.

Final Statement

Students with disabilities are entitled to meaningful progress, equal access, and decisions grounded in evidence—not assumption.

This page provides general information and is not legal advice.