FAQs

No. Once an Individualized Education Program (IEP) is in place, it is legally binding. Schools are required under federal and Minnesota law to provide the services, accommodations, and supports outlined in the plan. If services are reduced, delayed, or ignored, that may constitute a denial of a Free Appropriate Public Education (FAPE).

At School Law Center, we regularly assist parents whose children are not receiving the services clearly written into their IEPs. The first step is reviewing documentation and identifying where implementation is falling short. From there, we help families pursue corrective action and appropriate remedies.

Yes. Parents have the right to challenge an evaluation they believe is incomplete or inaccurate. You may request an Independent Educational Evaluation (IEE) at the district’s expense if you disagree with the school’s findings.

School Law Center helps parents review evaluation reports and determine whether they meet legal standards. If necessary, we assist families in pursuing independent evaluations or formal dispute resolution.

Yes. Federal and Minnesota law set specific timelines for responding to evaluation requests and completing assessments. Delays without legal justification may violate your child’s rights.

If deadlines are missed, School Law Center can intervene to ensure compliance and prevent further educational harm.

Parents have the right to request a formal evaluation at any time. Schools cannot refuse to evaluate simply because a student is passing or not failing enough.

School Law Center helps parents assert their right to evaluation and ensure proper testing procedures are followed.

Significant changes to services typically require IEP Team discussion and parent participation. Unilateral reductions may violate procedural safeguards.

School Law Center attorneys will review service changes to determine whether your parental rights were bypassed and what remedies may be available.

Progress must be meaningful and appropriately ambitious in light of your child’s circumstances. Minimal advancement may not meet legal standards for appropriate education.

School Law Center helps families evaluate whether progress reports truly reflect adequate educational benefit under federal and state specific law.

The primary difference lies in how the student receives support. While both programs provide "accommodations" (like extra time on tests), only an IEP provides "specialized instruction" (tailored teaching designed for the student's specific disability) and “related services” (like speech/language, OT, PT, counseling, etc., when necessary for a student to benefit from specialized instruction).

A child who does not qualify for an IEP may still be eligible for a Section 504 Plan. If you are unsure which path is right for your student, or if your school is denying services, a consultation with School Law Center attorneys can help clarify your rights.

Retaliation for asserting disability rights is unlawful. Schools cannot penalize a student or parent for requesting legally required support.

The attorneys at School Law Center take their role in this process seriously. Our role is not only to enforce compliance, but also to help families navigate the process strategically and professionally to protect their child’s well-being.

Yes. Under the Individuals with Disabilities Education Act (IDEA), parents have a legal right to an Independent Educational Evaluation (IEE) whenever one is needed that must be considered by the IEP Team.  Parents also have the right to an IEE at public expense if they disagree with the last evaluation conducted by the school district.

An IEE is a "second opinion" performed by a qualified professional who is not employed by your school or district. School Law Center attorneys assist parents when an IEE comes into consideration. Your attorney can assist you with obtaining the IEE and understanding your rights to implementation.