Resource Page: Students with Disabilities, IEPs, and 504 Plans

Students with disabilities have the right to a free, appropriate education and to be supported — not punished or discriminated against on the basis of their disabilities. They are also entitled to the resources they need to address their disabilities and to equally participate in their education and make progress. Through Individualized Education Programs (IEPs), Section 504 Accommodation Plans, and other legal protections, schools are required to provide meaningful access to learning, legally required supports and related services, additional protections in the school discipline context, as well as protections against discrimination on the basis of a student’s disability.

This resource page offers fact sheets and self-advocacy tools to help families understand their rights and take action.

The Special Education Evaluations fact sheet offers a concise overview of how special education evaluations are conducted in Pennsylvania, including key rights, procedures and timelines for families.

The Resolving Special Education Disagreements [Arabic] explains your right to disagree and your options – from informal discussions to mediation or due process hearings – when you disagree with special education decisions made for your child.

The Your Student’s Right to Compensatory Education fact sheet explains how Pennsylvania students with disabilities can secure compensatory education when they’ve been denied legally required services.

Additional resources can be found in our Back to School Guide.

Resource Page: School Discipline

Education is a fundamental right in Pennsylvania. Students have important legal rights in the school discipline context, including the right to due process and the right to be free from unlawful discrimination. Schools must follow specific legal requirements set forth in state law and must uphold the rights of students when creating rules, enforcing rules, and imposing discipline.

School climates are shaped in large part by the rules schools adopt and enforce which determine whether students can access their education or are excluded from the classroom. The use of discriminatory and subjective language in school discipline policies fuels racial, sex-based, and disability-related disparities in school exclusion and, in some cases, may rise to the level of creating hostile environments for LGBTQ+ students, multilingual learners, immigrant students, students with disabilities, and students who hold more than one of these identities.

ELC-PA offers several resources and tools to help families, students and child-serving professionals understand schools’ obligations, assert students’ rights and challenge illegal, harmful disciplinary practices, as well as advocate for fair school rules that protect children from discrimination.

The Suspensions in Pennsylvania fact sheet breaks down key rights, processes and protections around student suspensions in Pennsylvania’s public schools, including important tips for families.
The Expulsions in Pennsylvania fact sheet explains what an expulsion is under Pennsylvania law, how the process works, and key protections for students and families.
The Suspension & Expulsion Toolkit [Spanish] offers concrete strategies and legal insights for parents navigating schools’ efforts to suspend or expel students.
The Self-Advocacy Tool: Suspension Expungement Request (Parent) offers parents, guardians, people acting in place of a parent/guardian, and educational decision-makers this tool to request suspension expungement on a student’s behalf.
Self-Advocacy Tool: Request for Suspension Expungement and Education Records Correction (Eligible Student)
Preventing Suspension and Expulsion in Preschool Settings [Spanish]
Your Child’s Right to Be Free from Discrimination in Preschool
OCDEL’s Resources for Promoting Inclusion & Reducing Expulsion and Suspension

Resources for Students with Disabilities in the School Discipline context:

2024 Back-to-School Guide

The Education Law Center-PA (ELC) has extensively updated our annual “Back-to-School Guide” with publications on multiple education topics to help families, students, and child-serving professionals.

We do so at a historic moment for our state. In a landmark court decision in February 2023, Pennsylvania’s school funding system was declared to be unconstitutional.