Special Education Law: Know Your Child’s Rights

Special Education Law: Know Your Child’s Rights

by Jennifer Hargrave - Dallas Divorce Attorney | May 16, 2025

In this enlightening episode of The Jennifer Hargrave Show, Jennifer welcomes Sharon Ramage, a seasoned attorney with a background in social work, whose law practice focuses on helping families navigate divorce and special education challenges. Together, they dive deep into the world of special education law, addressing what it means, how it works, and how families can effectively advocate for children with disabilities.

Sharon explains the Individuals with Disabilities Education Act (IDEA), the role of public schools in identifying and serving students with special needs, and the critical importance of Individualized Education Plans (IEPs). The conversation also tackles the intersections of special education law with family law, particularly for divorced or separated parents, emphasizing the importance of clearly defined educational decision-making rights.

From navigating IDEA law and asserting your IEP rights, to leveraging Section 504 law with a seasoned special education attorney, this guide unpacks Texas special education law, outlines every step of a due process hearing special education dispute, clarifies core special education legal rights, demystifies the special education evaluation process, highlights when to call a special education lawyer Texas, and ultimately safeguards your child’s FAPE rights.

From understanding evaluations to accessing free legal resources, Sharon provides empowering insights for parents—especially those who may feel overwhelmed or unsure where to start. This episode is a must-listen for any parent navigating the complexities of special education, and a reminder that with the right knowledge and advocacy, every child can have a meaningful educational experience.

Transcript

Jennifer Hargrave:
As a mother, wife, and divorce attorney for over 15 years, I’ve learned so much about navigating uncertainty, transitions, and seizing opportunities for growth. I’m happy you’re joining me for this part of the journey.

When it comes to educating children, one size does not fit all. My guest today is Sharon Ramage, an attorney who has dedicated her life to helping families—first as a social worker, and now as a lawyer. Her practice, The Ramage Law Group, focuses on supporting families through transitions such as divorce and also specializes in special education law. Sharon is here today to talk about special education and the legal landscape surrounding it.

Sharon Ramage:
Thank you so much, Jennifer, for having me.

Jennifer:
Let’s start with the basics. What exactly is special education?

Sharon:
Special education is about meeting kids where they are. It’s not a one-size-fits-all approach. The law that governs special education is called IDEA—the Individuals with Disabilities Education Act. It requires schools to identify children with disabilities, create individualized plans (IEPs), and serve them in the least restrictive environment appropriate to their needs. That’s the core of special education: Find them, serve them, and do it appropriately.

Jennifer:
There’s often confusion around what qualifies as a special need. Does something like ADHD fall under that?

Sharon:
It can. We don’t use the term “diagnosis” in education law; instead, we talk about “eligibilities.” ADHD might qualify under “Other Health Impairment.” But there are several categories—intellectual disabilities, autism, learning disabilities (like reading or math comprehension), hearing and visual impairments, and more. The key is determining whether the child has a disability that impacts their ability to access education and whether they require special services as a result.

Jennifer:
So how does that identification process usually start?

Sharon:
It can come from multiple sources—parents, pediatricians, teachers, or even therapists. Sometimes disabilities are obvious early on; other times, they don’t surface until a child enters school and starts falling behind. Parents have the right to request an evaluation, and that request triggers legal timelines the school must follow. You don’t need proof—just a reasonable suspicion.

Jennifer:
What if the child is under school age?

Sharon:
Children under three go through ECI—Early Childhood Intervention, which is typically referred by a pediatrician. After age three, they can be served by the public school system. Counties and regions operate ECI programs, and schools have a legal obligation to locate and evaluate children—even those in private or homeschool environments.

Jennifer:
That’s reassuring. But when I hear “evaluation,” I think “big expense.” How much does this cost?

Sharon:
Nothing. Evaluations must be provided at no cost under the concept of FAPE—Free Appropriate Public Education. If you disagree with the school’s evaluation, you can request an Independent Educational Evaluation (IEE) at the school’s expense.

Jennifer:
At what point should a parent involve a special education attorney?

Sharon:
Ideally, early in the process. If your child is being denied an evaluation, isn’t making progress, or if the services or placements seem inappropriate, that’s when to consult an attorney. Sometimes we help behind the scenes or attend ARD meetings with parents. Our goal is to empower families.

Jennifer:
Can the public school ever be required to cover private school or other specialized placements?

Sharon:
Yes. If the district can’t appropriately meet the child’s needs, they are required to find and fund an appropriate placement—sometimes a private school or residential treatment center.

Jennifer:
What about legal costs for parents?

Sharon:
If we prevail at a hearing, the school district is responsible for the parents’ legal fees. That allows us to structure fees to be more accessible for families.

Jennifer:
Let’s talk about IEPs and ARD meetings—what are those?

Sharon:
An IEP is an Individualized Education Plan tailored to a child’s specific needs. In Texas, the group that develops the IEP is called the ARD (Admission, Review, and Dismissal) Committee. It includes educators, administrators, and the parent—who is a required member. Both parents can be involved, but one must be actively engaged.

Jennifer:
That brings us to family law. What advice do you have for divorced parents of children with special needs?

Sharon:
Make sure one parent has the exclusive right to make educational decisions. Without that clarity, you risk conflicts that delay or deny services. It’s not about power—it’s about ensuring your child gets what they need.

Jennifer:
And parents can still have rights to be notified and consulted, even if they’re not the final decision-maker?

Sharon:
Absolutely. That protects both parents while ensuring decisions don’t get stalled.

Jennifer:
What do you see as the long-term impact of the pandemic on special education?

Sharon:
We’re already seeing the fallout. Many children missed out on evaluations and services. Fortunately, the Texas legislature extended the statute of limitations for special education complaints to two years. That gives families more time to hold schools accountable.

Jennifer:
What about compensatory services?

Sharon:
Those are services the school must provide to make up for lost time or improper support. It’s not about money damages, but about restoring what was missed.

Jennifer:
Can you talk about how deeply educational rights affect family law?

Sharon:
Absolutely. Educational decisions go far beyond choosing a school. They include agreeing to evaluations, goals, services—even placement decisions. If one parent can revoke services, that can derail everything. You need one clear decision-maker.

Jennifer:
How did you get into special education law?

Sharon:
I started as a child abuse social worker, then became a prosecutor. Eventually, I clerked with a law firm that represented school districts and transitioned into special education law. I served for nearly 14 years as a special education hearing officer before focusing on representing parents again.

Jennifer:
And what message do you have for parents who’ve just learned their child has special needs?

Sharon:
You’re not alone. Get connected to support groups and arm yourself with knowledge. It may feel overwhelming, but your advocacy can change your child’s life. Every child deserves respect, support, and access to an appropriate education—and there are people out there to help.

Jennifer:
That is such an important message. Thank you so much, Sharon, for joining us today. We’ll include links to Sharon and The Ramage Law Group below for those who want to learn more.

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Hargrave Family Law was founded by compassionate Dallas family law lawyer Jennifer Hargrave with a strong mission in mind. Using non-adversarial techniques, our firm advocates for you and your family during challenging life transitions in a way that helps you protect what matters most. Reach out to our team of compassionate Dallas family law attorneys at Hargrave Family Law for the support you need to navigate divorce and other family law matters. We offer a complimentary case evaluation to start your journey with us. Together, we will work towards safeguarding the happiness and well-being of your family, allowing you to write your next chapter with hope.