All disabled children have the right to education. The UN Convention on the Rights of Persons with Disabilities (CRPD) Article 24 affirms the right to inclusive education at all levels, with support and accommodations needed to participate fully.
This page centers disabled people's expertise and is informed by decades of organizing by disabled students, parents, and advocates fighting for educational access.
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Every disabled child has the right to:
"Inclusive education" means disabled students learning in general education classrooms with appropriate supports—not placed in separate "special education" classrooms or schools by default.
The CRPD emphasizes inclusive education as the goal, while recognizing that some students may need more intensive support settings.
Disabled people's perspectives on this vary:
Instructional accommodations: Modified assignments, extended time, preferential seating, breaks, sensory accommodations, alternative testing formats.
Specialized instruction: Different teaching methods, remediation, skills instruction (like reading intervention or social skills).
Related services: Speech therapy, occupational therapy, physical therapy, counseling, orientation and mobility, interpreter services.
Assistive technology: Communication devices, screen readers, FM systems, adapted keyboards, text-to-speech software.
Behavioral supports: Positive behavior interventions, counseling, de-escalation strategies, sensory breaks.
Personnel: One-on-one aides, classroom assistants, specialized teachers.
Three major federal laws protect disabled students in K-12:
Individuals with Disabilities Education Act (IDEA) requires public schools to:
IDEA covers students ages 3-21 (or until graduation) with specific disability categories.
Section 504 of the Rehabilitation Act protects all students with disabilities, including those who don't qualify for IDEA. Schools must provide reasonable accommodations through a 504 Plan.
Americans with Disabilities Act (ADA) provides additional protections against discrimination.
IEP (Individualized Education Program):
504 Plan:
School refuses to evaluate: Put your request in writing. If they still refuse, file a complaint with your state department of education or request a due process hearing.
IEP isn't being followed: Document the failures. Request an IEP meeting. If unresolved, file a complaint.
School wants to reduce services: You can disagree. The school must prove the change is appropriate. Request data supporting their position.
Disciplinary issues: Disabled students have extra protections. Schools must determine if behavior is related to disability (manifestation determination) before major discipline.
School is pushing segregation: Advocate for least restrictive environment. The law prefers general education with supports.
DREDF (Disability Rights Education & Defense Fund) provides resources on special education rights and advocacy.
Parent Training and Information Centers (PTIs) exist in every state to help families navigate special education.
Council of Parent Attorneys and Advocates (COPAA) connects families with special education attorneys and advocates.
Disability Rights organizations in each state provide assistance with education issues.
Education is provincially controlled. Each province has its own special education laws and systems.
General principles across provinces:
Ontario: Special education governed by the Education Act. Students receive IEPs identifying accommodations and services. The Identification, Placement and Review Committee (IPRC) determines placement.
British Columbia: Students with special needs receive IEPs. School districts must provide programs for all students with disabilities.
Alberta: Students with disabilities receive Instructional Support Plans (ISPs) or Individual Program Plans (IPPs).
Quebec: Plans d'intervention for students with disabilities. Different structure with French language system.
Inclusion Canada advocates for inclusive education for students with intellectual disabilities.
Provincial parent advocacy organizations (like Autism Ontario, Learning Disabilities Association chapters) provide support.
Human Rights Commissions in each province handle education discrimination complaints.
England: Children with significant needs may have an Education, Health and Care Plan (EHCP). Schools must also support students with SEND (Special Educational Needs and Disabilities) without EHCPs through SEN Support.
Scotland: Different system with Coordinated Support Plans (CSPs) for students needing services from multiple agencies.
Wales: Similar to England with additional Welsh language considerations.
Northern Ireland: Statements of Special Educational Needs (being reformed).
EHCPs for students ages 0-25 who need more support than schools can provide from their regular resources.
The process:
EHCPs name specific schools and detailed support, which is legally enforceable.
IPSEA (Independent Provider of Special Education Advice) provides free legal advice on special education.
Contact (for families with disabled children) provides information and support.
SEND reforms advocacy groups are pushing for systemic improvements.
The EU promotes inclusive education, but implementation varies by country. All EU member states have signed the CRPD.
Germany: Special education is state (Bundesland) controlled. Traditional system had separate special schools (Sonderschulen/Förderschulen), but inclusive education is increasing. Students may have "Förderbedarf" (special education needs) documented.
France: Students with disabilities can receive accommodations through the MDPH (Maison Départementale des Personnes Handicapées) and have a Projet Personnalisé de Scolarisation (PPS).
Netherlands: Passend Onderwijs (Appropriate Education) requires school boards to find suitable placements and support for all students.
Italy: One of the most inclusive systems in Europe—disabled students attend mainstream schools with support teachers.
Spain: Students with "necesidades educativas especiales" receive support in mainstream or special education settings.
European Agency for Special Needs and Inclusive Education promotes inclusive education across Europe.
National disability organizations in each country advocate for educational access.
European Disability Forum addresses education at EU policy level.
The Disability Discrimination Act 1992 (DDA) and Disability Standards for Education 2005 require schools to make reasonable adjustments and not discriminate.
Education is primarily a state/territory responsibility.
Each state/territory has its own approach to students with disabilities, but generally:
Children and Young People with Disability Australia (CYDA) is the national representative organization for young people with disability and their families.
State-based parent organizations provide advocacy and support.
Australian Human Rights Commission handles education discrimination complaints.
If your country signed the CRPD, disabled children have a right to education with supports. Implementation varies widely.
Many countries face:
Disabled people's organizations globally are advocating for educational inclusion, often with limited resources.
Face compounded barriers:
Who's organizing: Organizations like the National Black Disability Coalition, Latinx/Hispanic disability organizations, and racial justice groups addressing educational equity.
May face:
Face:
Inequities include:
Request an evaluation in writing from your child's school. Be specific about your concerns. The school must respond (timelines vary by jurisdiction). If they refuse to evaluate, ask for the refusal in writing and consider filing a complaint.
Ask for the evaluation results in writing. Understand the criteria the school used. Consider getting an Independent Educational Evaluation. If you disagree, use your dispute resolution options.
Request a meeting to review what's working and what isn't. Bring data if you have it. Ask for changes to goals, services, or placement. If the school refuses appropriate changes, document and consider filing a complaint.
Know your rights around discipline and manifestation determinations. Document all incidents. Request records of discipline. Contact an advocate if needed.
Many advocacy organizations provide free assistance. Parent Training and Information Centers (US) are free. Some attorneys work pro bono or on contingency.
Put requests in writing. Send email confirmations of conversations. Request meetings in writing with specific topics. Document everything.
Are you a disabled person who went through special education? A parent navigating the system? A teacher or advocate?
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This page centers disabled people's expertise. Content reflects decades of disabled-led organizing for educational access.
Last updated: November 2025