I am very glad to see a new joint letter, dated October 5, 2026, from the Department of Education and Department of Justice about the rights of parents to advocate for their children in school.
You may see sensationalism related to this about COVID-era debates or parents taking over school boards. The letter talks specifically about privacy rights of students and parents’ rights. It states very clearly, “Schools, districts, and states must be held accountable for violating the law.”
I have long advocated for children, and for parents’ rights to advocate for their children. I did this mostly in St. Louis County, Missouri, where Special School District handles special education matters. The Justice Department found in February 2026 that SSD's seclusion and restraint practices violated Title II of the Americans with Disabilities Act. SSD is currently in the process of a performance audit by the Missouri State Auditor’s Office.
The following is an excerpt is from an email I wrote to Missouri parents a few years ago regarding their child’s upcoming educational evaluation (personal information has been redacted):
Dear Parents:
If at all possible, you should bring someone with you to every meeting. I recommend against bringing an attorney to this meeting or having an attorney seen by the school unless absolutely necessary. When the school sees that an attorney is involved, that immediately increases tension with the school, and that does not work in your child’s favor.
At the meeting, you will talk about Child’s strengths, as well as areas for improvement. You should make a list before the meeting; it is always hard for parents to think on the spot. Teachers prepare notes about students for these meetings, and you should as well.
The first meeting will discuss what diagnoses to look at, as well as what tools the school will use to diagnose. Take time to be familiar with these before the meeting. From the description I have received, it sounds like they will look at <redacted>. You want them to be as comprehensive in their evaluation as appropriate.
Wrightslaw is a website I have used for years, and it is very comprehensive in explaining special education law. I have attended their trainings and have recommended their resources to many parents. You will be looking at Child Find (which is the legal term for the school’s obligation to identify children in the district who need special education), Evaluations, and IEPs generally. You should also be aware of parental protections.
Finally, after the evaluation process, you will have a meeting to discuss evaluation results. I recommend you read this right before the meeting: You are more than your diagnosis. At this point, you will want to know more about data review and the IEP itself.
I hope you find this information helpful. Please let me know if I can be of further assistance.