Your Child's Rights Are Only As Good As Their Enforcement
The Individuals with Disabilities Education Act (IDEA) and Massachusetts special education law provide children with disabilities important rights and protections. But these rights only matter if they are enforced.
Think of it like speed limits. Everyone knows it is illegal to drive over the posted limit, but many people speed anyway. Some drivers follow the law because it is the right thing to do. Others may be distracted or unaware of the speed limit. Still others knowingly exceed the limit because they do not expect to face consequences.
School districts are not so different. Some work diligently to comply with special education laws. Others make mistakes because of misunderstandings, insufficient training, or limited resources. Unfortunately, there are also situations where districts are aware of their legal obligations but fail to meet them.
Regardless of the reason, the consequences for students can be significant. When a district fails to provide appropriate services or supports, a child may lose valuable opportunities to make meaningful educational progress.
Enforcing Your Child's Rights
When a school district fails to meet its legal obligations, the first step may be as simple as a written reminder explaining the applicable law and requesting corrective action.
Other situations require more substantial advocacy, including IEP meetings, negotiations, or mediation.
And sometimes, these efforts are not enough.
Filing a due process hearing request with the Massachusetts Bureau of Special Education Appeals (BSEA) may be necessary to hold a school district accountable and secure the services or placement a child needs to receive a Free Appropriate Public Education (FAPE).
Although pursuing due process can be stressful and time-consuming, it is an important safeguard when other efforts to resolve a dispute have failed.
The Takeaway
Having legal rights and receiving the protections those rights guarantee are not always the same thing.
Parents should not have to fight to secure the educational services their children are legally entitled to receive. Unfortunately, advocacy and sometimes legal action are necessary to ensure those rights are respected.
If you believe your school district is failing to meet its obligations, understanding your options is an important first step.
Noble Education Law represent parents throughout Massachusetts in IEP disputes, mediation, and due process hearings. Contact us to learn how we can help protect your child's educational rights.
