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Children’s & Education Rights

Children and young people with disabilities have rights. Empowering young people to know and exercise their rights is fundamental to creating a more equitable world for disabled people.

Education Rights

Children with disabilities have a right to equal access to an education, protected by several federal and state laws. In addition to the Individuals with Disabilities and Education Act (detailed below), other important laws include:

The Individuals with Disabilities Education Act (IDEA)

The IDEA covers children with disabilities who have been determined through evaluation as having an “intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities” and who need special education and related services in order to access their education.

Schools have an affirmative obligation to evaluate children who might have a disability and might need special education and related services. This is called the “child find” duty. Eligible students must also be reevaluated at least every three years or whenever the conditions warrant an evaluation.

Important Rights

Free Appropriate Public Education (FAPE)

Eligible students with disabilities are entitled to receive a “free and appropriate public education” (FAPE). The Supreme Court has determined that this means that schools must develop and deliver an Individualized Education Program (IEP) that is reasonably calculated to enable a child to make progress in light of their circumstances. The Court also found that this program must be “appropriately ambitious” because “every child should have the chance to meet challenging objectives.” For almost all students, this should mean that they receive the support they need to access the general education curriculum to advance from grade to grade with their peers.

Note: The obligation to provide a FAPE applies to all students with disabilities under the IDEA, including students who are suspended and expelled, and extends up through either: a) the receipt of a regular high school diploma, fully aligned to state standards; or b) the student’s 22nd birthday.

Least Restrictive Environment (LRE)

Students with disabilities are entitled to receive their education in the “least restrictive environment.” Schools must ensure that “to the maximum extent appropriate” students with disabilities are educated alongside their peers. This means students should generally attend the same school and classrooms as other students in their community. Students should only be removed to a separate setting for all or part of the day when, even with the use of special education and related services, education in the general education classroom is not appropriate.

Note: It is important to remember that special education is not a place; it is a collection of supports and services. And the research is clear that inclusive educational practices benefit all students.

Individualized Education Program (IEP)

The Individualized Education Program (IEP) is the document that is created and revised at least annually to describe the student’s disability related needs, identify the student’s present levels of performance, establish annual goals in all areas of need, and identify and describe the special education, related services and supplementary aids and services that will be provided to the student, including the settings where those services will be delivered.

The IDEA also contains a detailed set of procedural safeguards designed to ensure that parents are involved in the process as equal members of the IEP Team and to ensure that they have opportunities to resolve any disputes. This process is outlined below.

Resolving Disputes under the IDEA

Learn More About Options Available to Families

IEP Team Meeting

Most disputes about a child’s education will be resolved through the IEP Team process. These meetings are a way to share information and discuss the student’s needs and the services and supports that should be provided to address those needs to support access to the general education curriculum and progress toward IEP goals.

While parents and schools often agree, disagreements can occur. In Maine, if the IEP Team cannot reach consensus, the school administrator at the meeting will make the final determination. After every IEP Team meeting, the school must issue a Prior Written Notice, which must be provided at least 7 days before the changes to the IEP become effective. This Written Notice should explain, in detail, the proposed action (or the refusal to take an action requested by the family) and outline the reasons for the action, the information considered, and the alternatives discussed. The parent can then decide whether to utilize other dispute resolution options outlined below. 

Note: Unless you are in complete agreement with the decisions of the IEP Team, DO NOT waive your right to Written Notice of the proposed changes because then the changes could become effective immediately and become the status quo or (“stay put”) educational placement. 

Facilitated IEP Meeting

A facilitated IEP meeting is an optional process for using a neutral third party – a facilitator arranged by the Maine DOE – to promote effective communication and assist the IEP Team in developing a mutually acceptable IEP. Both the parents and the school must agree to use this process. Parents can request such a facilitated meeting by filling out a request form .

Mediation

Stand-alone mediation is available without filing for a Due Process Hearing or a State Complaint Investigation, but it is also an option to be used in conjunction with those other dispute resolution processes. Mediation is voluntary, and both the parent and the school have to agree to it. If both parties agree, the Maine DOE will assign a mediator. The goal of special education mediation is to help the parties reach their own mutually acceptable resolution of the disputed issues related to a student’s special education services. If agreement is reached, the mediator will assist the parties in reducing it to writing and making it a legally enforceable agreement.

Complaint Investigation Request

If disputes cannot be resolved through the IEP process, families can submit a written complaint to the Maine Department of Education (MDOE) which must investigate the issues presented and issue a decision within 60 days. Complaints can be filed by filling out this form , and providing it to both the MDOE and the school superintendent or regional site director. This process is designed to be accessible to families and you do not need an attorney to access the MDOE Complaint process.

Note: MDOE will generally only investigate concerns that arose in the year before filing the complaint.

Due Process Hearing Request

A Due Process hearing is a formal process involving a Hearing Officer assigned by the Maine DOE to resolve a special education dispute. Parents can request a due process hearing by filling out the Due Process Hearing Request form and sending it to the Maine DOE and the school superintendent or regional site director. This is an adversarial process that resembles a trial, where evidence is presented through the testimony of witnesses. Parents do not need to have an attorney, but the school almost certainly will. In situations involving disciplinary removals, there is also an expedited hearing option , which moves extremely quickly.

Note: Due Process hearings can generally only address issues that occurred within the two years prior to filing the complaint. Waiting longer than that could result in the loss of an ability to pursue any claims.

Additional information regarding dispute resolution options is available from the Maine Department of Education Due Process Office .

Children’s Rights

Children’s rights while receiving mental health or behavioral health services are protected by a number of federal and state laws and regulations, including:

Important Rights

Basic Rights in treatment

These are the rights outlined for all youth receiving any mental health or behavioral healthcare services, regardless of placement. The only exception is in emergency departments.

Many rights for inpatient and residential settings are not applicable in outpatient settings.

  • Children receiving services have the same human, civil, and legal rights as all minor children.
  • Limiting a child’s freedom of religious belief is prohibited.
  • Discrimination due to disability, race, creed, gender, sexual orientation and identity, national origin, or political belief is prohibited.
  • Rights are never privileges to be earned. Although rights may be limited under certain circumstances, rights may never be limited as punishment, or granted as a reward.

Youth have the right to:

  • Be free from abuse, exploitation, or neglect.
  • Not be subjected to humiliation or verbal abuse.
  • Not be subjected to physical abuse and corporal punishment.
  • Be treated with courtesy and with full respect for their individuality and dignity.
  • Recognize that their personality, needs and aspirations are not determinable on the basis of a psychiatric label.
  • Be treated in the least restrictive available setting, and to not be held in treatment against their will except by order of the court, emergency hospitalization procedure, or consent of the legally responsible parent or guardian.

Any restrictions in an inpatient or residential setting, where indicated, must be determined and imposed pursuant to the Right to Individualized Treatment and Discharge Plan and the Right to Informed Consent.

Rights in Inpatient and Residential Settings

The rights of youth in inpatient and residential settings include the following:

  • Privacy and humane treatment.
  • Possession and use of their personal property.
  • Freedom from unnecessary searches.
  • Reasonable access to telephones.
  • Mail.
  • Contact with a designated family member, clergy, professional service provider, or personally designated representative during any reasonable time (7am to 10pm).
  • Contact with DRM or another attorney at all times.
    • Exceptions to communication access must be clinically determined, specific in their duration, and must be incorporated into treatment planning as a focal point.
  • Regular visits.
    • Unrestricted visitation is provided to a child’s attorney, clergy, professional service provider, educational surrogate, and DRM advocate at any reasonable time.
  • Informed consent. Youth 14 and older must provide their own informed consent, including for medication. For youth younger than 14, consent may be obtained either from them or from their legally responsible guardian.
  • Individualized treatment planning, including a written treatment plan, individualized assessment, and inclusion of the young person’s expressed desires. Youth 14 and older have the right to be fully and actively involved in their treatment planning.
  • Freedom from unnecessary restraint and seclusion.

Rights in Outpatient Settings

Many rights for inpatient and residential settings are not applicable in outpatient settings. Youth receiving outpatient services have the right to:

  • Treatment Planning.
  • Informed Consent.

Restraint and seclusion are not permitted in outpatient settings.

Children’s Rights Frequently Asked Questions

Learn More About Common Questions
Q: Are youth and their legal guardian/parent required to be notified of their rights?
A: Yes, and that information must be provided in language that is understandable. That means information in plain language or translated/interpreted.
Q: Are youth entitled to help or representation if they feel their rights are being violated?

A: Yes. DRM can sometimes be that help. Help can include participating in team meetings or assisting with filing a grievance.

Q: What is a grievance?
A: A grievance is a report to a provider about a problem. Each provider is required to have an internal grievance process that encourages youth and families to share their concerns directly with their provider.

There is also a grievance process available through the Rights of Recipients of Mental Health Services for Children.

Q: How can I file a grievance?

A: You can send your report to the provider.

Or if filing a grievance through Maine’s Rights of Recipients of Mental Health Services for Children, you can use this form .

Q: I or my parent/legal guardian filed a grievance. Now what?

A: After filing a grievance through Maine’s Rights of Recipients of Mental Health Services for Children, you can be heard either through informal mediation or an administrative hearing. While your grievance is pending, no reduction, termination, or suspension of services can take place. This is known as “stay put.”

Note. This protection does not apply when using a provider’s internal policy.

Q: What if I don’t want to file a grievance but I have a complaint?

A: General complaints about treatment can be made to the provider.

TRANSITION TO ADULTHOOD

Curious about education rights and services for transition-aged youth? Learn more about what rights exist and available resources.

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This information is provided as background information and is not intended as legal advice. If you are a person with a disability with questions about your rights or if you believe you were discriminated against because of disability, contact Disability Rights Maine at 800.452.1948, by email to advocate@drme.org, or through our online intake form.

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