Students with medical and learning disabilities are entitled to special protections under the law.
Such laws aim to level the playing field for students, giving them the same opportunities as their peers to get a public education and eliminating discrimination.
The Law
Three federal laws do most of the heavy lifting when it comes to eliminating discrimination based on disability.
Title II of the Americans with Disabilities Act requires public entities to make reasonable modifications in policies, practices or procedures when necessary to avoid discrimination, according to the U.S. Department of Education.
Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education, enshrining the right to a “free and appropriate public education” (FAPE) as a civil right.
The Individuals with Disabilities Education Act (IDEA) is a law also includes language about FAPE and ensures special education and related services for children with disabilities.
In Practice
In the classroom, a parent of a child with disabilities has two important tools to help their child a “free and appropriate public education.”
A 504 plan. A child with medical or learning disabilities who needs special supports or accommodations to gain a FAPE is entitled to what is known as a “504 plan.” This is a legal document that lays out what the school must do to accommodate the child’s needs. This can include accommodations such as preferential seating, modified textbooks or other learning materials, reduced load of homework or classwork, visits to the nurse’s office for medications or other needs, and services such as occupational or physical therapy.
An IEP. A child who has a disability specified under IDEA is entitled to an individualized educational plan, or IEP. An IEP sets measurable annual goals for a child and outlines any accommodations or services a child needs to be successful in meeting those goals. This often includes guaranteed weekly minutes for services such as physical, speech or occupational therapy, a list of accommodations and other supports that will be provided, and information about how much time the student will spend in the regular classroom with non-disabled students vs. special ed settings.
How to Take Action
If your child has been diagnosed with a disability, reach out to your child’s teacher and any administrators who are charged with helping deliver special education. The law even provides a framework for undiagnosed students to be tested for disabilities within the public school system. This includes assessments for psychological, educational, sociocultural and developmental concerns, as well as testing by physical, occupational and speech therapists. Getting the right services and supports for a child with disabilities in the classroom can greatly enhance his educational experience and have a profound effect on his enthusiasm about learning. It is important to get started as soon as possible for the best results.
Get Help
Federal law also provides services to help parents understand what their child is entitled to under the law and access those benefits. Each state has a federally funded Parent Training and Information Center specifically designed to do just that. Find your state’s center at parentcenterhub.org/find-your-
center.
If possible, hiring a private special education advocate can make an enormous impact on how effectively you can advocate for your child. The law on special education is complex and can be daunting to the lay person. An educated, experienced advocate knows the ins and outs of the law and can help you access the benefits to which your child is entitled and get results.