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Rights, safeguards and discipline

Special education law gives students and parents specific rights, and school staff need to know them well enough to follow them without a lawyer in the room.

These guides explain procedural safeguards, consent and prior written notice, access to records, free appropriate public education, independent educational evaluations, dispute options from facilitated meetings to due process, and the discipline protections, including manifestation determinations. Each guide names the regulation behind the rule so you can read it yourself. They explain the rules; they are not legal advice for a specific case.

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How-to guides

  • Counting cumulative removals and patterns

    Count cumulative removal days for a student with an IEP: what counts, partial days, in-school and bus suspensions, the pattern test, and a worked removal log.

  • How a state complaint works

    File a special education state complaint step by step: what it must include, the one-year limit, the 60-day decision, possible remedies and a dated example.

  • Post-suspension IEP meeting: purpose and agenda

    Run a post-suspension IEP meeting: when to hold one, a 45-minute agenda, reviewing the behavior plan and services, a re-entry plan, and a worked example.

  • Requesting an IEE at public expense

    Request an independent educational evaluation step by step: when you qualify, what to write, what the school must do next, and a worked example with dates.

Definitions

  • Interim alternative educational settings

    What an IAES is, the three times IDEA allows one, the 45-school-day limit, who picks the setting, and how it differs from an alternative school placement.

  • Stay put explained

    Stay put keeps a child in the current placement while a due process case is open. What it covers, when it starts, and how it differs during discipline appeals.

  • Surrogate parents in special education

    When a district must assign a surrogate parent, who can serve, the 30-day target, and how a surrogate differs from a foster parent, under 34 CFR 300.519.

  • What is a resolution session?

    The meeting a district must hold within 15 days of a parent's due process complaint: who attends, the 30-day period, and how it differs from mediation.

  • What is FAPE? Free appropriate public education explained

    FAPE means special education and related services at no cost to families, meeting state standards, through an IEP. What each word means, with an example.

Comparisons

Checklists

  • Manifestation determination checklist

    A printable manifestation determination checklist for before, during and after the meeting, with the regulation for each item and what to do if one is missing.

Templates

  • Alternatives to suspension

    A fill-in alternatives to suspension plan for students with IEPs, a completed example, responses matched to behavior function, and notes on each section.

  • Writing a letter of disagreement

    A fill-in IEP disagreement letter with a completed example, notes on each section, and what to ask for so the school answers your concerns in writing.

For parents

Explainers

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