Under IDEA, eligible students with disabilities have the right to a free appropriate public education (FAPE) in the least restrictive environment (LRE), from age 3 through 21 under Part B, with early intervention from birth to age 3 under Part C. You can request an evaluation in writing at any time, and the evaluation must be completed within 60 days of your written consent, or within your state's own timeline if it sets one. When a school refuses a request, it must provide prior written notice, and you can escalate through informal meetings, mediation, a state complaint, or a due process hearing.
IDEA: The Foundation
The Individuals with Disabilities Education Act (IDEA) is the federal law governing special education in the US. It guarantees eligible students with disabilities the right to a free appropriate public education (FAPE) in the least restrictive environment (LRE). Part B covers eligible children ages 3 through 21 (states can set the youngest and oldest ages within that range by state law), and Part C covers early intervention from birth to age 3. It is the foundation of every IEP.
FAPE: Free Appropriate Public Education
FAPE means education that is free, appropriate to the child's individual needs, and reasonably calculated to enable educational progress. Courts have clarified that FAPE means more than minimal progress. The Endrew F. v. Douglas County School District decision (US Supreme Court, 2017) raised the standard: schools must provide programs reasonably calculated to enable progress appropriate in light of the child's circumstances.
LRE: Least Restrictive Environment
LRE requires that students with disabilities be educated alongside non-disabled students to the maximum extent appropriate. Removal to a more restrictive setting is only allowed when the nature or severity of the disability is such that education in general education classes cannot be achieved satisfactorily with supplementary aids and services. If a school proposes a more restrictive placement, ask what supplementary aids and services were tried in the general education classroom first.
Section 504 vs IEP: Key Differences
A Section 504 plan is an accommodation plan under Section 504 of the Rehabilitation Act. Section 504 requires a free appropriate public education too, which its regulations define as regular or special education and related aids and services, but most 504 plans focus on accommodations (changes to how students access learning). An IEP comes with IDEA's more detailed requirements, including measurable annual goals, a defined team, and stronger procedural safeguards. A student who does not qualify for an IEP may qualify for a 504.
Your Evaluation Rights
You have the right to request an evaluation for special education services in writing at any time. The evaluation must be completed within 60 days of your written consent, or within your state's own timeline if it sets one. The evaluation must be comprehensive and address all areas of suspected disability. You have the right to an independent educational evaluation (IEE) at public expense if you disagree with the school's evaluation.
When the School Says No: Your Options
When a school refuses a request, they must provide prior written notice explaining why. Your options: request an informal meeting to discuss concerns; request mediation (a trained, impartial mediator, paid for by the state, with any agreement written up and legally binding); file a state complaint for procedural violations (within one year); request a due process hearing (formal legal proceeding before an impartial hearing officer). Each level escalates time, cost, and formality. Document everything in writing throughout.
Documentation Advice
Document everything. Send important requests and communications via email. Follow up verbal conversations with written summaries. Keep copies of all evaluations, IEPs, and school correspondence. Note dates, who was present, and what was said in meetings. Parents who document consistently are far better positioned when disputes arise.
Sources
- 34 CFR 300.101: Free appropriate public education, ages 3 through 21 (eCFR)
- 34 CFR 300.102: Limitation, exceptions to FAPE (eCFR)
- 34 CFR 300.114: LRE requirements (eCFR)
- 34 CFR 300.301: Initial evaluations, 60-day timeline (eCFR)
- 34 CFR 300.304: Evaluation procedures, all areas of suspected disability (eCFR)
- 34 CFR 300.502: Independent educational evaluation (eCFR)
- 34 CFR 300.503: Prior notice by the public agency (eCFR)
- 34 CFR 300.506: Mediation (eCFR)
- 34 CFR 300.153: Filing a state complaint, one-year limit (eCFR)
- 34 CFR 104.33: Section 504 free appropriate public education (eCFR)
- 34 CFR 303.21: Infant or toddler with a disability, Part C (eCFR)
- Endrew F. v. Douglas County School District RE-1, 580 U.S. 386 (2017), Supreme Court opinion
Frequently Asked Questions
What is IDEA?
The Individuals with Disabilities Education Act (IDEA) is the federal law governing special education in the US. It guarantees eligible students with disabilities the right to a free appropriate public education (FAPE) in the least restrictive environment (LRE). Part B covers eligible children ages 3 through 21 (states can set the youngest and oldest ages within that range by state law), and Part C covers early intervention from birth to age 3. It is the foundation of every IEP.
What does FAPE mean?
FAPE means education that is free, appropriate to the child's individual needs, and reasonably calculated to enable educational progress. Courts have clarified that FAPE means more than minimal progress. The Endrew F. v. Douglas County School District decision (US Supreme Court, 2017) raised the standard: schools must provide programs reasonably calculated to enable progress appropriate in light of the child's circumstances.
What is the least restrictive environment (LRE)?
LRE requires that students with disabilities be educated alongside non-disabled students to the maximum extent appropriate. Removal to a more restrictive setting is only allowed when the nature or severity of the disability is such that education in general education classes cannot be achieved satisfactorily with supplementary aids and services. If a school proposes a more restrictive placement, ask what supplementary aids and services were tried in the general education classroom first.
What is the difference between a 504 plan and an IEP?
A Section 504 plan is an accommodation plan under Section 504 of the Rehabilitation Act. Section 504 requires a free appropriate public education too, which its regulations define as regular or special education and related aids and services, but most 504 plans focus on accommodations, meaning changes to how students access learning. An IEP comes with IDEA's more detailed requirements, including measurable annual goals, a defined team, and stronger procedural safeguards. A student who does not qualify for an IEP may still qualify for a 504.
How long does a school have to evaluate my child?
You have the right to request an evaluation for special education services in writing at any time, and the evaluation must be completed within 60 days of your written consent, or within your state's own timeline if it sets one. The evaluation must be comprehensive and address all areas of suspected disability. You have the right to an independent educational evaluation (IEE) at public expense if you disagree with the school's evaluation.
What are my options if the school denies my request?
When a school refuses a request, it must provide prior written notice explaining why. Your options are to request an informal meeting to discuss concerns, request mediation (a trained, impartial mediator, paid for by the state, with any agreement written up and legally binding), file a state complaint for procedural violations (within one year), or request a due process hearing before an impartial hearing officer. Each level escalates time, cost, and formality, so document everything in writing throughout.
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