Special Education Laws and Regulations Across 50 States 

Bonus: A printable spreadsheet with links to all 50 states special education websites

P.s. : Here, the word parent represents any person who has the legal right over that child. And I will also include links to government websites related just in case you want to learn more.

The best way to get what your child truly needs is to know what is available out there for your child. Let's get you familiar with the special education and regulations laws in your state.  

For states to receive federal special education funding, they must develop special education laws and regulations consistent with the federal Individual Disabilities Education Act (IDEA). This law dictates how states and public agencies provide early intervention, special education, and related services. Per the IDEA website,  infants and toddlers with disabilities (birth-2) and their families can receive early intervention services, and children and youth (ages 3-21) can receive special education and related services.

Each state may provide more rights and protections. However, they may not take away the rights under this federal law. So basically, when you go to your state's special education website, it should include the laws and regulations similar to the federal laws or more.

Following are the six major parts of the IDEA:

Free Appropriate Public Education (FAPE) - Section 300.101

• For special education to be provided if needed. 
• For related services to be provided if needed
• For the special education and related services to be provided at no charge to you.

Appropriate Evaluation - Section 300.304

• For the school to conduct an appropriate evaluation if a disability is suspected.
• The evaluation must be done by trained evaluators and geared toward planning your child's education and future instruction.
• To determine and make recommendations regarding your child's eligibility for special education and related services.
• For the above to be provided at no charge to you.

Individualized Education Program (IEP) - Section 1414(d)

• IEP is a written document developed by the IEP team (School team and family/legal guardian).
• To ensure eligible students have access to FAPE.
• IEP should draw upon evaluation findings.

Least Restrictive Environment (LRE) - Section 300.114

• The IEP team must explore several alternatives allowing your child to participate in the general education classroom.
• Suppose your child cannot be a part of the general education classroom. In that case, the team must make efforts to create participation in a general education setting.  

Parent Participation - Section 300.322

• For you to be an equal participant and decision-maker regarding the placement of your child.
• For the school to get your approval before doing any evaluation or starting services and goals. 
• For you to be notified and invited to your child's IEP.  
• Basically, for the school to ensure that you are a part of the IEP team.

Procedural Safeguards - Section 1415

• The law includes procedural safeguards to ensure that you have the right to review all educational records about your child.
• For you to receive notice before meetings about your child's evaluation, placement, or identification. In addition, you can get an Independent Educational Evaluation (IEE) for consideration at these meetings. You can pay for an IEE yourself and then share the info with the school team. You can also request the district to pay for it, although it does not necessarily mean the school will approve.
• The law also provides procedures when disagreements arise. Parents have the right to request mediation or due process hearings if an agreement cannot be reached between parents and the school.

As mentioned earlier, the states can add more to their laws and regulations. For example, federal law requires that students receive special education from ages 3 to 22, or until they graduate high school, whichever occurs first. However, in California, the services for 22-year-olds should last until at least the end of their school term. In addition, California uses regional organizations to provide special education services called Special Education Local Plan Areas (SELPA) for 1,000 school districts.

To get the most accurate information for your state, it is best to go to your state's special education website section. Unfortunately, not all states make it that easy to find the information on their education websites. With some, you need to look around their website for a while to find their special education laws and regulations section. A couple of them even call it under a different name instead of the special education section. 

You have a lot on your plate already. Here is a spreadsheet with links to all 50 states' special education websites to make it easier for you. 

If you find a dead link or a mistake, please email and let me know. 

Stay connected with me, so I can update you with any new info, tips and freebies.