Every state must follow federal IDEA requirements — but many states have additional rules, different timelines, and unique terminology. Find your state to know exactly where to go for help and what to watch for.
Important: Special education regulations change. Always verify current timelines, contacts, and procedures with your state's Department of Education or your state's Parent Training and Information (PTI) center before making decisions. This guide is for informational purposes only and does not constitute legal advice.
These rights are guaranteed by federal law — IDEA and Section 504 — and cannot be taken away by any state law or local school policy.
Every eligible child with a disability is entitled to a free appropriate public education — at no cost to the family — in every state. This right is guaranteed by IDEA and cannot be waived by any state law or school policy.
Every state must educate children with disabilities alongside non-disabled peers to the maximum extent appropriate. Removal from general education must be justified with specific documentation in every state.
Every state is required to actively locate, identify, and evaluate all children who may have a disability — from birth through age 21 — regardless of the severity of the disability. This includes children in private schools and those not yet enrolled.
Initial evaluations and reevaluations must be provided at no cost to the family in every state. You can request an evaluation in writing at any time. The school must respond within the timelines set by your state.
Schools must obtain your written, informed consent before evaluating your child or providing special education services for the first time. Consent must be voluntary — you cannot be pressured to sign.
If you disagree with the school's evaluation, you have the right to request an Independent Educational Evaluation at public expense in every state. The school must either fund the IEE or file for due process.
Before the school makes any change to your child's identification, evaluation, placement, or services — or refuses to make a change you requested — they must provide you with Prior Written Notice explaining why in every state.
Every state must provide parents with a written copy of their procedural safeguards at least once per year and at key trigger points. These safeguards include the right to dispute decisions through mediation, state complaints, and due process.
Every child's IEP must be reviewed at least once per year in every state. The review must occur within 365 days of the previous IEP. Parents must be given advance written notice and have the right to participate.
Every child receiving special education services must be reevaluated at least every three years in every state — to determine whether they continue to have a disability and need special education services.
Select your state to see your Department of Education contact, Parent Training and Information center, evaluation timeline, and any notable state-specific rules.
Understanding your state's rules is the first step. These Special Clarity tools help you take action — whether you are preparing for a meeting, appealing a denial, or understanding your child's IEP.