This section of PALawHelp.org has information and resources about issues relating to Students with Disabilities in Pennsylvania.
Education Rights for Students with Disabilities
The federal Individuals with Disabilities in Education Act (IDEA) guarantees a free appropriate public education (FAPE) in the least restrictive environment (LRE) to all students with disabilities who qualify for special education services. Schools must provide individualized supports and services so that a child with a disability can make meaningful educational progress. The LRE mandate requires that all students with disabilities be educated alongside their nondisabled peers in the general education classrooms to the maximum extent appropriate.
Section 504 of the Rehabilitation Act is a civil rights statute that bars schools from discriminating against children with disabilities, including but not limited to failing to provide them with accommodations.
In accordance with the IDEA, Section 504 of the Rehabilitation Act and Chapters 14 and 15 of the Pennsylvania Code, the Pennsylvania Department of Education provides supervision over all public schools, school districts and other public education agencies within the state to ensure that eligible disabled students receive a FAPE in the LRE, as well as those related aids, services or accommodations that are needed to afford each student equal opportunity to participate in and obtain the benefits of the school program and extracurricular activities without discrimination. The department also ensures that each family and school has the benefit of a system to resolve disagreements. Continue Reading Full Resource. . .
Click on a resource category listed below to see information related to that category.
Alternative Education for Students with Disabilities
This fact sheet describes the process for determining if your child with disabilities is appropriately and legally placed in an Alternative Education for Disruptive Youth (AEDY) program and, if not, how to return your child to an appropriate placement in your local school district in the least restrictive environment. The fact sheet outlines special rights applicable to your child as a child with a disability ― that is, a child who has or is eligible for an IEP or Section 504 Plan. August 2023.
2025-26 Back to School Guide for Pennsylvania Public School Students, Families, and Advocates
The Education Law Center-PA (ELC-PA) has updated its annual “Back to School Guide” with new publications and updated information on multiple education topics to help students, families, and child-serving professionals.
Getting Your Child an Independent Educational Evaluation
Chapter 4 of "The Right to Special Education in Pennsylvania: A Guide for Parents and Advocates" handbook from the Education Law Center-Pennsylvania. This provides information on what an Independent Educational Evaluation is; when it is a good idea to get one; and how to proceed to get one. [PDF] (2021)
Questions and Answers on Special Education and Homelessness
Information from the the Pennsylvania Department of Education about issues surrounding the provision of Special Education to a homeless child. The document provides State and local educational officials, services providers, and homeless assistance coordinators with information to assist with implementation of the requirements of the Individuals with Disabilities Education Act (IDEA) and the McKinney-Vento Homeless Assistance Act (McKinney-Vento Act). This Q & A document represents the Department’s current thinking on these topics. It does not create or confer any rights for or on any person.
Right to Be Free from Bullying and Harassment
All students have the right to be free from bullying and harassment in school ‒ whether it is verbal, written, graphic, physical, or online. All forms of bullying and harassment are not permitted and require your school to investigate and intervene to ensure that the bullying and harassment does not continue. This fact sheet explains all students rights to be free from these types of abuse. (August 2024)
Your Student’s Right to Compensatory Education
If your student with a disability has been denied needed educational services required by law, your student is entitled to makeup educational services, or compensatory education. Compensatory education is an equitable remedy, which means it is based on the idea of fairness. Compensatory education is meant to put a student in the same position they would be in if the school had provided appropriate special education and supports in the first place. Because of that, compensatory education is highly individualized and broadly flexible to the needs of your student.
Mediation (Special Education)
Even when parents and school officials try their best to reach agreement on a student’s special education program, disagreements can occur. If this happens, mediation, which is a free, voluntary, and confidential alternative to a formal due process hearing, is an option. Mediation can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent the right to a due process hearing. Information on the Mediation process from the Office of Dispute Resolution (Special Education).
Request for Translation and Interpretation Services
Federal civil rights laws require schools to provide free language services for multilingual parents or caregivers whose first language is not English. This form and checklist includes questions the parent or caregiver can ask about the types of language services available and when the school can provide language services. By asking these questions, the parent or caregiver will learn about the process to request language services and the point of contact at the school responsible for providing interpretation and/or translation. This self-advocacy tool is available for general education in Spanish, Chinese, Arabic and Nepali. This self-advocacy tool is available for special education in Spanish, Chinese, Arabic and Nepali.
Education Rights for Students with Disabilities
Consumer Legal Information Pamphlet from the Pennsylvania Bar Association. (September 2014)
Alternative Education for Students with Disabilities
This fact sheet describes the process for determining if your child with disabilities is appropriately and legally placed in an Alternative Education for Disruptive Youth (AEDY) program and, if not, how to return your child to an appropriate placement in your local school district in the least restrictive environment. The fact sheet outlines special rights applicable to your child as a child with a disability ― that is, a child who has or is eligible for an IEP or Section 504 Plan. August 2023.
2025-26 Back to School Guide for Pennsylvania Public School Students, Families, and Advocates
The Education Law Center-PA (ELC-PA) has updated its annual “Back to School Guide” with new publications and updated information on multiple education topics to help students, families, and child-serving professionals.
Education Law Center
The Education Law Center is a non-profit legal advocacy and educational organization, dedicated to ensuring that all of Pennsylvania's children have access to a quality public education.
Getting Your Child an Independent Educational Evaluation
Chapter 4 of "The Right to Special Education in Pennsylvania: A Guide for Parents and Advocates" handbook from the Education Law Center-Pennsylvania. This provides information on what an Independent Educational Evaluation is; when it is a good idea to get one; and how to proceed to get one. [PDF] (2021)
Request for Translation and Interpretation Services
Federal civil rights laws require schools to provide free language services for multilingual parents or caregivers whose first language is not English. This form and checklist includes questions the parent or caregiver can ask about the types of language services available and when the school can provide language services. By asking these questions, the parent or caregiver will learn about the process to request language services and the point of contact at the school responsible for providing interpretation and/or translation. This self-advocacy tool is available for general education in Spanish, Chinese, Arabic and Nepali. This self-advocacy tool is available for special education in Spanish, Chinese, Arabic and Nepali.
Right to Be Free from Bullying and Harassment
All students have the right to be free from bullying and harassment in school ‒ whether it is verbal, written, graphic, physical, or online. All forms of bullying and harassment are not permitted and require your school to investigate and intervene to ensure that the bullying and harassment does not continue. This fact sheet explains all students rights to be free from these types of abuse. (August 2024)
The Right to Special Education In Pennsylvania: A Guide for Parents and Advocates [PDF]
Children with disabilities can do great things in school and in life when they get the right supports and services. This Guide is meant to help you – the parent – learn how the system designed to educate children with disabilities (called special education) works in Pennsylvania and how you can make it work for your child. This Guide describes the legal rules for special education and early intervention programs in Pennsylvania for children from ages three until the student’s 22nd birthday. The rules discussed in this Guide apply to children who attend public schools in Pennsylvania, including charter schools. (2021)
Your Student’s Right to Compensatory Education
If your student with a disability has been denied needed educational services required by law, your student is entitled to makeup educational services, or compensatory education. Compensatory education is an equitable remedy, which means it is based on the idea of fairness. Compensatory education is meant to put a student in the same position they would be in if the school had provided appropriate special education and supports in the first place. Because of that, compensatory education is highly individualized and broadly flexible to the needs of your student.
Mediation (Special Education)
Even when parents and school officials try their best to reach agreement on a student’s special education program, disagreements can occur. If this happens, mediation, which is a free, voluntary, and confidential alternative to a formal due process hearing, is an option. Mediation can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent the right to a due process hearing. Information on the Mediation process from the Office of Dispute Resolution (Special Education).
Nonpublic Schools
Information from the PA Department of Education on Students with Disabilities who are publicly placed in a Nonpublic school; Approved Private Schools and the Chartered Schools for the Deaf and Blind; and Students with Disabilities who are placed by their parents in a nonpublic school.
Questions and Answers on Special Education and Homelessness
Information from the the Pennsylvania Department of Education about issues surrounding the provision of Special Education to a homeless child. The document provides State and local educational officials, services providers, and homeless assistance coordinators with information to assist with implementation of the requirements of the Individuals with Disabilities Education Act (IDEA) and the McKinney-Vento Homeless Assistance Act (McKinney-Vento Act). This Q & A document represents the Department’s current thinking on these topics. It does not create or confer any rights for or on any person.
Special Education Timelines
This booklet cites the special education timelines in accordance with the requirements of Pennsylvania law, Chapter 711 Charter School and Cyber Charter School Services and Programs for Children with Disabilities, Chapter 14 Special Education Services and Programs and Federal Regulations Part 300, and the Individuals with Disabilities Education Act (IDEA). (January 2026)
Children with Disabilities who are Bullied or Harassed at School
Information about what to do or where to find help when your child with disabilities is bullied at school.