Q & A with School Law Center: Common questions about special education rights for students
- Bekah Miller
- 3 hours ago
- 4 min read
1. My Child Has an IEP — Why Isn’t the School Following It?
Q: The school agreed to an IEP, but the services aren’t actually happening. Is this legal?
A: 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.
2. The School Says My Child Doesn’t Qualify for Services — What Can I Do?
Q: The school evaluated my child and said they don’t qualify for special education. I disagree. Do I have options?
A: 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.
3. My Child Is Being Disciplined for Behavior Related to Their Disability — Is That Allowed?
Q: My child’s behavior is connected to their disability, but the school is suspending them. Is this legal?
A: When discipline relates to a child’s disability, the school must conduct a Manifestation Determination Review if disciplinary exclusions exceed ten consecutive days or ten cumulative days in a school year. If the behavior is found to be connected to the disability or a failure to implement the IEP, the school may be limited in how it disciplines the student and additional protections must be provided.
We frequently represent families when disciplinary actions violate disability protections. Protecting your child’s educational stability is critical.
4. The School Keeps Delaying Evaluations — What Are the Time Limits?
Q: I requested an evaluation months ago. The school keeps delaying. Is there a timeline they must follow?
A: 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.
5. My Child Needs Physical Accommodations — The School Says It’s Too Expensive
Q: My child uses mobility equipment and needs building modifications. The district says it’s too costly. Can they refuse?
A: Cost alone does not excuse a school from providing necessary accommodations under the Americans with Disabilities Act (ADA) and Section 504. If physical access prevents your child from fully participating in school programs, that may be unlawful discrimination.
We assist families in securing access accommodations so students can safely and equally participate in school life.
6. The School Minimizes My Child’s Learning Disability — What Are My Rights?
Q: Teachers say my child is “just behind” and doesn’t need special education. I feel dismissed. What should I do?
A: 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.
7. The School Reduced Services Without My Consent — Is That Legal?
Q: My child’s speech therapy hours were reduced, and I wasn’t asked. Can they do that?
A: Significant changes to services typically require IEP Team discussion and parent participation. Unilateral reductions may violate procedural safeguards.
We review service changes to determine whether your parental rights were bypassed and what remedies may be available.
8. I’m Afraid If I Push Back, the School Will Retaliate
Q: I want to advocate for my child, but I’m afraid of making things worse. Is retaliation a real concern?
A: Retaliation for asserting disability rights is unlawful. Schools cannot penalize a student or parent for requesting legally required support.
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.
9. The School Says My Child Is “Making Progress” — But They’re Still Struggling
Q: The school says my child is technically progressing, but they’re far behind grade level. Does that matter legally?
A: Progress must be meaningful and appropriately ambitious in light of your child’s circumstances. Minimal advancement may not meet legal standards for appropriate education.
We help families evaluate whether progress reports truly reflect adequate educational benefit under federal and Minnesota law.
10. When Is It Time to Contact a School Law Attorney?
Q: I don’t want to overreact — but I feel something isn’t right. How do I know when to call an attorney?
A: Consider seeking legal guidance when:
The school refuses evaluation or services
IEP services are not implemented
Discipline relates to a disability
Accommodations are denied
You feel consistently dismissed or ignored
An early consultation often prevents prolonged educational harm. School Law Center works with families to assess concerns regarding their special education rights, explain options, and determine whether formal action is appropriate.