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When it comes to advocating for your child’s education, understanding special education law can feel overwhelming. But the good news is that these laws exist to ensure children with learning differences receive the support they need to thrive.

Before we dive into the key points, it’s important to acknowledge how far we’ve come. Before the 1970s, children with disabilities were often excluded from public education entirely. Thankfully, federal laws like the Individuals with Disabilities Education Act (IDEA) now guarantee access to education for all children, including those with learning differences. However, “access” alone doesn’t always mean the education is effective.

To help you navigate this system, here are three key concepts to understand:

1. FAPE and LRE: The Foundation of Special Education Law

If you’re new to special education, you’ve likely heard the acronyms FAPE and LRE. These are cornerstones of IDEA and reflect its central mission:

FAPE (Free Appropriate Public Education): Every child with a disability is entitled to a free and appropriate education. But what does “appropriate” mean? Courts have clarified that it’s not about providing the “best” or most ideal education, nor is it about providing a trivial education with no meaningful impact. Instead, it’s about offering an educational program “reasonably calculated to enable a child to make progress appropriate in light of a child’s circumstances.”

LRE (Least Restrictive Environment): Along with FAPE, schools must educate children in the least restrictive environment possible. This means students with learning differences should be placed in a regular education environment (classroom, program, or school) whenever it’s appropriate. Each year, during your child’s IEP meeting, the team must evaluate whether a less restrictive setting might meet your child’s needs while still providing the necessary support.

2. Evaluations: The Compass for Your Child’s Education

Evaluations are your child’s educational roadmap. They help identify your child’s specific needs and determine the services or accommodations required. Whether conducted by the school or a private specialist, these assessments are crucial for developing an Individualized Education Program (IEP).

When disagreements arise—about the type of services or where they should be provided—evaluations often play a critical role in finding resolution. That’s why having a current and thorough evaluation is essential to making progress in any disputes about your child’s education.

3. Time: A Marathon, Not a Sprint

Advocating for your child’s needs takes time—sometimes more than we’d like. The special education process is governed by federal and state laws, which outline specific steps for assessing and implementing a child’s educational plan.

While your child’s needs may change quickly, the legal process moves more slowly. Except in emergencies, expect the process to take months or even years to resolve certain issues. Planning ahead and being patient can make this journey less stressful.

Why These Concepts Matter

These three points—FAPE/LRE, evaluations, and time—form the foundation of special education law. Whether you’re just starting your journey or working through a challenge, understanding these principles can empower you to secure the right education for your child.

Remember, you’re not alone in this process. There are resources, advocates, and professionals, including your child’s teachers, who can support you along the way. With persistence, patience, and knowledge, you and your school district can make a difference for your child’s future.

About the Author

Dan Ahearn practices disability, special education, education, and children’s law. He has taught a Children and Disability law course at Suffolk University Law School and has taught legal research and writing in the first-year writing program at Boston University School of Law. He has also counseled law students in Harvard Law School’s Bernard Koteen Office of Public Interest Advising. Additionally, Dan serves as Landmark School’s in-house legal counsel and was the Assistant Head of School for several years. He has chaired the Massachusetts Continuing Legal Education (MCLE) Special Education Update, Bureau of Special Education Appeals Mock Hearing, Bullying and Harassment, and School Law Basics seminars. He continues to write and edit the Special Education Law chapter of the MCLE Massachusetts School Law publication. Dan currently represents children in state custody in complex multi-agency cases through the Educational Surrogate Parent Program. Dan is a past director of the Massachusetts Bureau of Special Education Appeals and has been a senior attorney at the Disability Law Center and the Massachusetts Department of Mental Health.