What Schools Are Required to Do vs. What They Should Do

Helping Parents Better Understand How the System Works

Many parents assume that if something would clearly help their child, the school is required to provide it.

Unfortunately, that’s not always how the system works.

Understanding the difference between what schools are legally required to do and what they should do to truly support students can help parents navigate conversations more confidently and collaboratively.

This distinction often explains why some decisions feel frustrating — even when teams genuinely want to help.

Let’s break it down.

What Schools Are Required to Do

Schools operate under federal laws such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. These laws outline minimum legal obligations, not best practice.

1. Provide FAPE (Free Appropriate Public Education)

Schools must provide a Free Appropriate Public Education (FAPE) designed to allow a child to make meaningful educational progress.

Under IDEA, special education must be designed to meet the child’s unique needs and prepare them for further education, employment, and independent living (34 CFR §300.1).

The Supreme Court clarified this further in Endrew F. v. Douglas County School District (2017), stating that IEPs must be reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.

This means:

Schools are not required to:

  • Provide the best possible program
  • Maximize student potential
  • Provide every requested service

Schools are required to:

  • Provide meaningful progress
  • Use data to guide decisions
  • Individualize supports

This is one of the most misunderstood aspects of special education.

2. Evaluate When There Is Suspicion of Disability (Child Find)

Schools have a Child Find obligation, meaning they must identify, locate, and evaluate students suspected of having disabilities (34 CFR §300.111).

This includes students who:

  • Have passing grades
  • Are advancing grade to grade
  • Show behavioral or executive functioning challenges
  • Demonstrate social-emotional concerns impacting learning

IDEA specifically states that educational performance is not limited to academic performance.

Additionally, schools must conduct evaluations in all areas of suspected disability (34 CFR §300.304(c)(4)).

This is important because schools sometimes hesitate to evaluate when:

  • Students pass state testing
  • Grades are average
  • Minimal intervention progress is occurring

However, these factors do not remove the obligation to evaluate when a disability is suspected.

3. Provide Services Based on Educational Need

Schools must provide:

  • Specially Designed Instruction (SDI)
  • Accommodations
  • Related services

when they are necessary for the student to access education (34 CFR §300.39; §300.34).

However, services must be:

  • Educationally necessary
  • Data-driven
  • Reasonable within the school environment

Schools are not required to:

  • Provide private therapy
  • Provide one-on-one support automatically
  • Implement every requested intervention

Services must be based on need, not preference.

4. Educate Students in the Least Restrictive Environment (LRE)

Students must be educated with nondisabled peers to the maximum extent appropriate (34 CFR §300.114).

This means:

  • General education must be considered first
  • Removal must be based on data
  • Placement decisions must be individualized

However, LRE does not mean:

  • General education at all costs
  • Limiting supports to maintain placement

LRE is about appropriate placement, not simply the least restrictive option.

What Schools Should Do (Best Practice)

Legal requirements define the minimum.
Best practice focuses on student success.

1. Proactively Support Students

Schools are required to respond when students struggle.
Strong schools identify needs before students fail.

Best practice includes:

  • Early intervention
  • Monitoring executive functioning
  • Behavior support planning
  • Flexible instruction

Waiting for failure is not required — but it sometimes happens.

2. Meaningfully Collaborate With Parents

IDEA requires parent participation (34 CFR §300.322).

However, meaningful collaboration includes:

  • Listening to parent concerns
  • Sharing data transparently
  • Explaining decisions clearly
  • Problem-solving together

Parents bring valuable insights that strengthen planning.

3. Consider the Whole Child

Legal standards focus on educational impact.
Best practice considers:

  • Emotional regulation
  • Executive functioning
  • Social development
  • Behavior patterns
  • Confidence and motivation

These factors significantly impact learning and long-term success.

4. Provide Clear Communication

Schools are required to provide:

  • Prior Written Notice (34 CFR §300.503)
  • Evaluation reports
  • IEP documentation

Best practice includes:

  • Plain-language explanations
  • Regular updates
  • Collaborative planning
  • Transparent communication

When communication improves, conflict decreases.

Why This Difference Matters

Understanding this distinction helps parents:

  • Ask stronger questions
  • Understand decisions
  • Advocate effectively
  • Maintain collaborative relationships

Instead of:

"The school isn't doing enough."

Parents can ask:

  • What is legally required?
  • What would best practice look like?
  • What data supports this decision?
  • What options can we explore together?

These questions often lead to more productive conversations.

A THRIVE Perspective

Meeting legal requirements is the starting point, not the goal.

The most successful schools:

  • Build trust
  • Collaborate with families
  • Use data thoughtfully
  • Support the whole child

When families and schools work together with clarity and trust, students thrive.

Supporting Students. Empowering Educators.
THRIVE Student Support & Behavior Consulting