Rights of Children with Disabilities

The basic rights of all children with disabilities include:

  • Every child has the right to a free appropriate public education.
  • Children with disabilities should be served in the least restrictive setting possible, meaning these children are educated with children who are not disabled.
  • Children with disabilities must be provided with an Individualized Education Plan.
  • Children with disabilities have the same rights to transportation to and from school as children without disabilities
  • The child’s parents and resource parents have the right to see their children’s complete school records.
  • Parents must give written permission before children are individually evaluated.
  • Schools are responsible for identifying and evaluating children in need of special education and related services.
  • It is the responsibility of the school to comply with parents’ rights to due process hearings whenever there is a disagreement between the school and parents regarding the identification, evaluation or placement of a child with disabilities
  • A child may not be denied an appropriate educational program because the district has failed to make its school programs architecturally accessible.

Continue to Evaluation