Rights worth knowing
Families have important, legally protected rights in public education. This is a plain-English overview of the big ones — not legal advice. For your specific situation, contact your district, your state education agency, or a qualified advocate or attorney.
The right to a public education
Every child in the U.S. has the right to a free public education, regardless of immigration status (established in Plyler v. Doe). Students experiencing homelessness have added protections under the McKinney-Vento Act to enroll immediately and stay in their school of origin even if they move.
Special education & disability
Under IDEA, students with qualifying disabilities have the right to a Free Appropriate Public Education and an IEP, developed with the family as an equal team member. Under Section 504 and the ADA, students with disabilities have the right to accommodations and freedom from discrimination. See Special Education.
Privacy of records (FERPA)
Under FERPA, parents (and students 18 and older) have the right to inspect and request corrections to their education records, and to control much of how those records are shared.
Non-discrimination
Federal law prohibits discrimination in schools on the basis of sex (Title IX), race, color and national origin (Title VI), and disability (Section 504, ADA). English learners have a right to language support so they can access the curriculum.
How to advocate
Knowing your rights is the first step; using them is the second. When a concern comes up: put requests in writing, keep records, ask questions, and know that you can escalate — to a principal, the district, the state, or an advocate. Being informed and organized makes a real difference.
Related resources
See Key Education Laws, Special Education, Acronyms Decoder, and For Families.
Frequently asked questions
- Can a child be denied enrollment over immigration status? No. The Supreme Court's Plyler v. Doe guarantees all children access to free public education regardless of immigration status.
- What rights do parents have over school records? Under FERPA, parents (and students 18 and older) can inspect education records, request corrections, and control much of their disclosure.
- Is this legal advice? No. This is a general overview. For your specific situation, contact your district, your state education agency, or a qualified advocate or attorney.
- What rights do students with disabilities have? Under IDEA, a free appropriate public education and an IEP; under Section 504 and the ADA, accommodations and freedom from discrimination.
- How do I advocate for my child's rights? Put requests in writing, keep records, ask questions, and escalate if needed — to the principal, district, state or an advocate. Being organized helps.