Your Rights as a Parent in Special Education: A Year-End Review

Introduction

As the year comes to a close, it’s the perfect time to review your role as a parent advocate and ensure you understand your legal rights in special education. Whether your child has an IEP, 504 Plan, or you’re in the process of seeking services, knowing your rights is essential to protecting your child’s access to education.

This year-end guide provides a clear overview of parent rights under federal and Texas law, helping you start the new year confident and prepared.

Why Understanding Your Rights Matters

Parents are more effective advocates when they know:

• What schools are legally required to provide

• How to challenge decisions that aren’t in your child’s best interest

• When and how to request evaluations, services, or accommodations

• What protections exist against discrimination or neglect

Your knowledge ensures your child’s education plan is implemented fully and fairly.

Key Parent Rights in Special Education

✅ 1. The Right to Request Evaluations

You can request an evaluation at any time if you believe your child needs special education services or accommodations. The school must respond within legally defined timelines.

✅ 2. The Right to Participate in All Meetings

Whether it’s an IEP or 504 Plan, you have the right to:

• Attend every meeting

• Provide input about your child’s strengths, needs, and goals

• Be part of decision-making, not just informed afterward

✅ 3. The Right to Written Notice

Schools must give written notice when they:

• Propose or refuse services

• Change accommodations

• Evaluate or refuse to evaluate your child

This ensures you’re fully informed and can respond appropriately.

✅ 4. The Right to Access Educational Records

You can review:

• Evaluations

• Test scores

• Progress reports

• Teacher notes relevant to your child’s plan

Transparency is essential for monitoring compliance.

✅ 5. The Right to Dispute Decisions

If you disagree with the school’s actions:

• Request a mediation or due process hearing (for IEP issues)

• File a complaint with the Office for Civil Rights (OCR) (for 504 violations)

• Seek independent evaluations or advocacy support to strengthen your case

✅ 6. The Right to Equal Access

Your child has the legal right to:

• Attend school free from discrimination or exclusion based on disability

• Receive appropriate accommodations under Section 504 or IDEA

• Be educated in the least restrictive environment (LRE) appropriate for their needs

Year-End Action Steps for Parents

Before entering the new year:

• Review your child’s current plan for missing or inconsistent services

• Document concerns with emails, work samples, and progress data

• Request a meeting if changes are needed in January

• Set advocacy goals for better communication and support

Starting 2026 informed and proactive helps ensure your child has a strong foundation for success.

How Advocates Can Help

An educational advocate can:

• Explain your rights in detail

• Help you prepare for meetings

• Review your child’s IEP or 504 Plan for compliance issues

• Support you in filing complaints or disputes if necessary

Key Takeaway

Understanding your rights as a parent isn’t optional—it’s the key to protecting your child’s education. As you reflect on the past year, take time to review these rights, document your concerns, and step into the new year as a confident, informed advocate for your child.