Arlington, VA asked in Education Law for Virginia

Q: My son is autistic and in the special needs program at his elementary school. Can I have a say in making modifications

to his education program if I don't think it's meeting his needs?

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1 Lawyer Answer
Kevin Shields
Kevin Shields
  • Education Law Lawyer
  • Katy, TX

A: Yes, absolutely. As the parent, you are a member of any group that meets to decide services or placement for your son.

The law is clear regarding parent participation in meetings:

The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to -

(i) The identification, evaluation, and educational placement of the child; and

(ii) The provision of FAPE to the child. 34 CFR 300.501 (b)

Your son's IEP team is a good place to start and voice your concerns.

If you cannot make progress with the IEP team, using a special education advocate or lawyer may help. No matter how you proceed though, you should have a voice in the process.

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