When your child is receiving special education services, you expect their needs to be understood and met. But what happens when accommodations aren’t followed, grades don’t reflect their abilities, or schools fail to act? As a parent or guardian, understanding your child’s legal rights is essential to ensuring they receive a fair and appropriate education.
In this blog, we’ll walk through key aspects of special education law from accommodations and grading disputes to legal proceedings so you know when (and how) to take action.
Understanding Special Education Accommodations
Understanding Special Education AccommodationsAccommodations vs. Modifications: What’s the Difference?
These two terms are often used interchangeably, but they actually refer to very different types of support in special education — and understanding the difference is key to advocating for the right services for your child.
These two terms are often confused, but they serve different purposes:
- Accommodations are changes to how a student learns (e.g., extended time on tests, preferred seating).
- Modifications are changes to what a student is expected to learn (e.g., reduced assignments or alternate curriculum).
Which Plan Provides What?
- 504 Plans, governed by Section 504 of the Rehabilitation Act, typically only offer accommodations. These plans support students who have a disability that substantially limits one or more major life activities but who are still expected to participate in the general education curriculum.
- IEPs (Individualized Education Programs), governed by the IDEA (Individuals with Disabilities Education Act), can include both accommodations and modifications, depending on the student’s needs. IEPs are tailored for students whose disabilities affect their ability to make progress in the general curriculum without specialized instruction.
Why This Distinction Is Important
Confusing accommodations and modifications — or not receiving the right one — can have serious academic consequences:
- A student might be unfairly held to standards they cannot meet if they need modifications but are only given accommodations.
- Conversely, a student might be unnecessarily removed from the general curriculum and miss out on opportunities if they are given modifications when accommodations would suffice.
Knowing the difference helps you advocate more effectively during IEP or 504 meetings and ensures your child gets the support that truly meets their needs — without compromising their educational goals.
What the Law Requires Schools to Provide
Under federal laws like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, public schools are required to provide students with disabilities the tools they need to access education on equal footing with their peers.
Some common accommodations include:
- Assistive technology
- Breaks during instruction
- Modified testing environments
- Note-taking support
When schools fail to implement agreed-upon accommodations, they are violating federal protections — and your child’s right to a Free Appropriate Public Education (FAPE).
Getting the Right Accommodations for Your Child
To ensure your child receives the right accommodations, start by requesting a formal evaluation from the school. Bring relevant documentation, such as medical records or outside assessments, to support your case. During IEP or 504 Plan meetings, advocate for specific accommodations tailored to your child’s unique needs. If the school resists or fails to provide appropriate support, consider consulting a special education attorney to help secure the services your child is legally entitled to.
The key to effective support lies in the development of a strong 504 Plan or IEP. You can:
- Request an evaluation at any time.
- Bring outside documentation (e.g., evaluations, diagnoses) to the meeting.
- Ask for specific supports tailored to your child’s unique needs.
If you believe your child isn’t receiving adequate accommodations — or the school refuses to provide them — an experienced education attorney can help advocate on your behalf.
Disputing Grades in Special Education
Can a Grade Be Discriminatory?
Yes. When accommodations aren’t provided, students with disabilities may be unfairly penalized — even when their academic ability is intact. This can result in low grades that don’t reflect their true potential.
For example, a student with ADHD who is supposed to receive extra time on assignments may score poorly simply because that support wasn’t honored.
How to Dispute a Grade Based on Disability-Related Issues
You can take several steps:
- Appeal internally: Request a grade review or meeting with school administration.
- Document everything: Missed accommodations, assignment timelines, and communications.
- File a complaint with the state’s education department or Office for Civil Rights (OCR) if necessary.
Legal support becomes especially important when informal resolution fails or when retaliation is involved.
Building a Strong Case: Documentation & Communication Tips
Strong documentation is key to resolving special education disputes. Keep detailed records of IEPs or 504 Plans, emails with school staff, missed services, and any changes in academic performance. Log important dates, conversations, and incidents. Clear, consistent communication — along with a well-organized paper trail — can make all the difference when advocating for your child or pursuing legal action.
Always:
- Keep copies of IEPs, 504 Plans, progress reports, and emails.
- Take notes during meetings.
- Maintain a timeline of when issues began and how the school responded.
These details can make or break your case during dispute resolution or legal proceedings.
Special Proceedings & Legal Action
Mediation, Complaints, and Due Process: Know Your Options
When disputes arise over your child’s special education services, you have several legal options. Mediation offers a collaborative way to resolve issues with the help of a neutral third party. State complaints involve a formal investigation by the state education agency. Due process hearings are more like court proceedings, where evidence is presented before an impartial hearing officer. Each option has its own procedures and timelines, and choosing the right path depends on the nature and urgency of the issue.
If advocacy doesn’t resolve the issue, families have several legal avenues:
- State Complaint: File with the state education agency for investigation.
- Mediation: A neutral third party helps resolve disputes without court.
- Due Process Hearing: A formal legal proceeding where evidence is presented before a hearing officer.
Each has its own benefits, timelines, and standards — and an attorney can help you choose the right path.
What to Expect in a Due Process Hearing
A due process hearing is a formal legal proceeding used to resolve serious disputes between families and school districts over special education services. During the hearing, both sides present evidence, call witnesses (such as teachers or experts), and make legal arguments before an impartial hearing officer. The process is similar to a courtroom trial but focused specifically on whether the school provided a Free Appropriate Public Education (FAPE). Preparation, documentation, and legal representation are critical to building a strong case and protecting your child’s rights.
These hearings involve:
- Presentation of evidence (e.g., school records, expert testimony)
- Witnesses, including teachers and service providers
- Legal arguments for and against the school’s actions
Having an experienced lawyer ensures your child’s story is clearly and compellingly presented.
When It’s Time to Seek Legal Help
You should consider seeking legal help when your child’s school repeatedly fails to follow their IEP or 504 Plan, denies necessary services, delays evaluations, or if you face retaliation for advocating. An education attorney can step in to protect your child’s rights, guide you through dispute resolution options, and ensure the school is held accountable.
You should consult an education attorney if:
- Accommodations are repeatedly ignored
- Your child is being penalized or retaliated against
- The school is refusing evaluations or services
- Communication has broken down
Legal support doesn’t just level the playing field — it protects your child’s future.
Empowering Parents and Protecting Students
Empowered parents make the strongest advocates. By staying informed, keeping detailed records, and knowing your child’s rights, you can prevent common mistakes in special education disputes. Legal guidance can further protect your child’s education, ensuring they get the services they need to succeed.
Avoiding Common Mistakes in Special Ed Disputes
- Not documenting: Keep detailed records from day one.
- Waiting too long: Time limits apply for filing complaints.
- Going it alone: Legal expertise can prevent costly mistakes.
Success Starts with Knowing Your Rights
One family came to our office after their child was denied accommodations on statewide exams — even though they had a valid 504 Plan in place. Despite repeated requests to the school district, the student’s needs were ignored, leading to failing scores and a damaged GPA. With legal representation, the case was brought to mediation. The result? Corrective action by the school, updated support services, and a restored academic record. Most importantly, the student was given a fair shot at success.
At Stewart Lee Karlin Law Group, we’ve represented students and families across Westchester County, including Scarsdale, Edgemont, Tuckahoe, Larchmont, Hartsdale, and Yonkers — the county’s largest city. Whether it’s obtaining an IEP, enforcing a 504 Plan, or addressing ongoing noncompliance, we’re committed to securing the services students with special education needs are legally entitled to.
No matter where you live — from a small district like Tuckahoe to a larger city like Yonkers — your child’s education deserves protection. It’s never too late to fight for what’s fair.
Conclusion
Whether you’re navigating accommodations, questioning your child’s grades, or considering legal action, you don’t have to do it alone. At Stewart Lee Karlin Law Group, PC, we help families protect their children’s education rights — and we’re here to support you every step of the way.
Contact us today for a consultation to discuss your child’s needs and your legal options.
