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Rights students with IEPs have at school

By the IEP Atlas editorial teamLast updated

Short answer

A student with an IEP has the right to the services and accommodations written in the IEP, in every class that the IEP covers. The student can take state tests with listed accommodations, join clubs, sports and field trips, and attend their own IEP meetings. They also get added protections before a long suspension.

Most guides about IEP rights focus on parents. This one looks at what your child is entitled to during an ordinary school day. These rights come from IDEA and from Section 504, a civil rights law that bans disability discrimination in schools that get federal money.[1][2]

This page is general information. States and districts add their own rules, and for a problem with your own child's school an advocate or lawyer can help. Your rights as a parent are covered in the special education rights overview.

The rights at a glance

Your child's rightWhat it looks like at schoolFederal rule
The services in the IEPEvery minute of reading help, speech or counseling listed on the service page34 CFR 300.320[3]
Accommodations in every class the IEP coversExtended time in science, not only in the resource room34 CFR 300.320 and 300.323[4]
Learning with classmates without disabilitiesTime in general education as much as fits the child's needs34 CFR 300.114[5]
Clubs, sports, lunch and field tripsAn equal chance to join, with supports if needed34 CFR 300.117[6]
State and district testsTaking them with the accommodations in the IEP, or an alternate test if the team decides34 CFR 300.160[7]
Joining the IEP meetingInvited when appropriate, and always when transition is discussed34 CFR 300.321[8]
Discipline protectionsA review before removals of more than 10 school days34 CFR 300.530[9]
PrivacyOnly staff who need it see the IEP34 CFR 300.623[10]
Rights at adulthoodIn most states, IEP rights move to the student at the age of majority34 CFR 300.520[11]

Services and accommodations, all day

Every teacher and provider responsible for the IEP must be able to see it and must be told what they are supposed to do.[4] That includes the art teacher, the gym teacher and the substitute when the IEP applies there. If the IEP says your child gets notes before a lecture, that applies in history class too.

Ask your child which supports they actually get. Students often notice gaps before adults do. If services are missed, the guide on when the IEP is not being implemented explains what to do.

Clubs, sports and field trips

Schools must give students with disabilities an equal chance to take part in nonacademic and extracurricular activities. That includes meals, recess, counseling, athletics, transportation, clubs and special interest groups.[6] The IEP can list supports a child needs to join, such as an aide on a field trip. Tryouts and skill standards can still apply, but a child cannot be kept out only because of a disability.

Tests

Students with IEPs take part in state and district tests. The IEP lists the accommodations for each test, or explains why the student takes an alternate assessment.[7] Accommodations allowed on state tests depend on the state's rules, so the team checks the state's list.

A seat at the IEP meeting

The school must invite a student to any IEP meeting where postsecondary goals and transition services are discussed. Younger students may attend when appropriate.[8] Many students start by sharing what helps them, then grow into leading parts of the meeting. The student-led IEP glossary entry explains the idea.

Discipline

A student with an IEP can be disciplined. Short removals are handled like those of any student. Removals of more than 10 school days in a row, or a pattern adding up to more than 10, bring added protections, including a manifestation determination.[9] The 10-day rule guide explains how days are counted, and what is a manifestation determination explains the review.

An annotated example

This example is made up. Hold it next to your child's IEP.

Accommodations page: "Extended time (1.5x) on tests and quizzes in all core classes. Use of a calculator for multi-step problems."

Note: "All core classes" means math, English, science and social studies. Ask whether it covers electives too.

Participation in state assessments: "Grade 7 state math and reading tests with extended time (1.5x) and a separate setting."

Note: These are the only accommodations your child gets on the state test. If the classroom list is longer, ask why some are not here.

Supplementary aids, nonacademic: "Adult support on field trips."

Note: This line protects your child's right to go on trips. Without it, a school might suggest your child stay behind.

Participants list: "Student: invited, attended for goals discussion."

Note: Your child was part of the meeting. That builds self-advocacy before transition planning starts.

Questions you can ask the team

  • "Does every teacher who works with my child have the IEP?"
  • "Which accommodations apply in electives, gym and lunch?"
  • "What supports can my child get to join the robotics club?"
  • "Which accommodations will my child have on the state test this year?"
  • "Can my child attend the IEP meeting, even for part of it?"
  • "How will my child be told about their rights before they turn 18?"
  • "Who can my child go to at school if a support is not being given?"

Next steps

  1. Read the accommodations page with your child and ask which supports they get each day.
  2. Invite your child to the next IEP meeting, even for 10 minutes.
  3. Check the state test section against the classroom accommodations.
  4. Read transfer of rights at the age of majority if your child is 14 or older.
  5. Contact your state's Parent Training and Information Center for free help. You can find it through the Center for Parent Information and Resources.[12]

The procedural safeguards, IDEA and FAPE glossary entries define the main terms.

Frequently asked questions

Can a school keep my child off a sports team because of their IEP?

A school must give students with disabilities an equal chance to take part in athletics and clubs. Tryouts and skill standards can still apply, but a disability alone is not a reason to exclude a student.

Does my child's IEP apply in after-school programs?

If the program is run by the school, your child has the right to an equal chance to take part, with supports if needed. Programs run by outside groups may follow other rules, such as the ADA.

At what age can my child attend their own IEP meeting?

Any age when appropriate. The school must invite your child to meetings where transition is discussed, which starts by age 16 at the latest, or younger in some states.

Use it in IEP Atlas

Sources

  1. 34 CFR Part 300: Assistance to States for the Education of Children with Disabilities, eCFR (National Archives)
  2. 29 U.S.C. §794: Nondiscrimination under Federal grants and programs (Section 504), Legal Information Institute, Cornell Law School
  3. 34 CFR §300.320: Definition of individualized education program, Legal Information Institute, Cornell Law School
  4. 34 CFR §300.323: When IEPs must be in effect, U.S. Department of Education (IDEA website)
  5. 34 CFR §300.114: LRE requirements, Legal Information Institute, Cornell Law School
  6. 34 CFR §300.117: Nonacademic settings, U.S. Department of Education (IDEA website)
  7. 34 CFR §300.160: Participation in assessments, Legal Information Institute, Cornell Law School
  8. 34 CFR §300.321: IEP Team, U.S. Department of Education (IDEA website)
  9. 34 CFR §300.530: Authority of school personnel, U.S. Department of Education (IDEA website)
  10. 34 CFR §300.623: Safeguards, U.S. Department of Education (IDEA website)
  11. 34 CFR §300.520: Transfer of parental rights at age of majority, Legal Information Institute, Cornell Law School
  12. Center for Parent Information and Resources, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.

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