Divorce often complicates everything, including the special education process. Parents of students with disabilities are provided certain rights under the IDEA, but what happens to those rights when parents are divorced? To ensure compliance with the IDEA, school leaders need to fully understand the rights of each parent to participate in their student’s special education program.

Biological and adoptive parents are typically considered “parents” with the right to make educational decisions for their children under the IDEA. When the parents of a student with a disability are divorced and share custody, both parents generally hold parental rights under the IDEA. These parental rights include notice of ARD (IEP) meetings and attendance at ARD meetings, in addition to making educational decisions and filing a State or due process complaint if a dispute arises.