Special education is defined as “specially designed instruction, at no cost to the parent, to meet the unique needs of a child with a disability.”1 Federal and state laws and regulations offer a number of substantive and procedural rights to special education students and their parents to ensure that each qualifying student with a disability is identified and receives the supports and services needed to meet that student’s unique educational needs through the provision of FAPE. The specialized instruction, services, and modifications needed to meet the unique needs of each special education student, however, necessarily varies heavily according to the student’s individual capacities and circumstances. As a result, determining what FAPE and an appropriate IEP looks like for a student is often the subject of disagreement between parents and LEAs. For an attorney, extensive client interviewing, records review, and cross-disciplinary research is often needed to be able to counsel and advise a parent in setting appropriate goals for advocacy related to the child’s education. Regardless of the particular advocacy goals in a special education matter, however, understanding the many substantive and procedural rights and protections and how they apply to the individual circumstances of a particular student is key to effective advocacy.
- 120 U.S.C. § 1401(3); 34 C.F.R. § 300.39; La. Bulletin 1706 § 905.