FAQs Regarding Special Education Law in Ohio
A knowledgeable education law attorney can help you make informed decisions
Special education laws help ensure the rights of special needs students in both public and private schools. Following are some frequently asked questions and answers about special education law in Ohio provided by Margolis & Atzberger, LLC. For more detailed answers to your specific questions — and for strong representation from a knowledgeable child rights and education attorney in Ohio — contact Dan Margolis today.
- Why might I need a school or education law attorney?
- What is the Individuals with Disabilities Education Improvement Act (IDEIA)?
- What is a free, appropriate public education (FAPE)?
- What is an Individualized Education Program (IEP), and how is it different from Section 504 of The Americans with Disabilities Act?
- Will the public school system pay for my child to go to a private school?
- My child is being bullied. Does the school have any responsibility to protect bullied children?
- Can a teacher or the police search my child at school?
Helping protect the rights of special needs students
Dan Margolis is one of the most experienced, respected child rights and education attorneys practicing in Ohio. His office is conveniently located just a few blocks from the Cuyahoga County Justice Center in Cleveland. Contact Margolis & Atzberger, LLC online or at 216-348-1000 today.
Why might I need a school or education law attorney?
You need such an attorney when you or your child believes his or her rights regarding education are being violated. Education lawyers often represent both parents and children in cases involving public school access, discrimination, rights of special needs students and other related laws.
What is the Individuals with Disabilities Education Improvement Act (IDEIA)?
This federal law mandates how states and public agencies provide special education, early intervention services and other such services to children with disabilities. It addresses specific educational needs of disabled children from birth to age 18 and in some specific cases, age 21.
What is a free, appropriate public education (FAPE)?
A FAPE is the right of a child with a disability to receive a public education under the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Improvement Act (IDEIA). Section 504 of this law defines a FAPE as, “the provision of regular or special education and related aids and services that are designed to meet individual needs of handicapped persons as well as the needs of non-handicapped persons … based on adherence to procedural safeguards outlined in the law.”
What is an Individualized Education Program (IEP), and how is it different from Section 504 of The Americans with Disabilities Act (ADA)?
An IEP is a specific program of special education and related services that defines how a school will meet the needs of a disabled student under the IDEIA. An IEP is specific to a student. As an element of the IDEIA, it applies to children with a broader range of disabilities than would be covered by programs and services under the ADA.
Will the public school system pay for my child to go to a private school?
If a public school district cannot provide the necessary schooling for a particular student, that district may be ordered to pay parents for the cost of private school tuition. This legal precedent exists under Forest Grove School District vs. T.A.
My child is being bullied. Does the school have any responsibility to protect bullied children?
Yes. School districts absolutely have a legal responsibility to protect students from bullying behavior. Districts that fail to do so may well be in violation of their federal and state obligations to their students.
Can a teacher or the police search my child at school?
The Supreme Court has ruled that Fourth Amendment rights apply to students, teachers and administrators of schools. This means that any search of a student, either by a teacher or the police, must not violate his or her constitutional protection against unreasonable search and seizure.