What Are My Rights If I Feel The School Has Committed A Violation Regarding My Child’s Education?

How Can I Make This Right For My Kid?

If you believe the school has committed a violation, you would have to demonstrate there has been deprivation of educational benefit and FAPE to the office for civil rights, or OCR. If special education laws are violated, can make state complaint with department of education, and decides if lack of compliance to IDEA. Sometimes this is related to the child’s education in terms of a lack of a necessary service being provided, an inappropriate placement, unfair or unethical treatment by a teacher or staff member, inappropriate classification, or lack of proper assessment of a child. Sometimes the school may have violated the child’s rights in terms of improper behavioral consequences.

Restraint and seclusion should only be used as last report when child or other children are in imminent danger and always require an incident report. After restraint/seclusion you have the right to request a debriefing meeting. Schools require crisis prevention training for their teachers and access to sensory/emotional regulation spaces. A manifestation determination review assesses if misconduct was directly a result of a child’s disability and/or failure to implement IEP prior to suspension/change in placement.