If your child has a disability, learn how you can protect them from discrimination at school.
It’s that time of year again: time to send our kids back to school! Although many parents are excited for back to school time, it’s often a time of dread for parents of children with disabilities. These parents are often worried that their children will be denied adequate assistance and accommodated, that they will be excluded from activities or discriminated against in other ways. This is an important time to refresh your knowledge about the rights of children with disabilities — and what you can do if your child’s rights are being violated by their school.
The Individuals with Disabilities Education Act (IDEA)
Federal law provides that every child with a disability has the right to a public education. Schools are required to try to meet the educational needs of each child with a disability through special education and other services. This law, called the Individuals with Disabilities Education Act (IDEA), forms the basis of a child’s right to a free and appropriate public education (FAPE).
Under IDEA, these services must be provided at no cost to the families, and they must be individually designed to meet each child’s needs. The services are designed through Individualized Education Plans, or IEPs. These plans should be developed by a team of professionals, working together with the child and his or her family. The plans can include related services, such as supports, therapies or interventions that can help a child learn.
In addition to IEPs, schools are required to educate children with disabilities in the least restrictive environment (LRE) possible. Under this standard, a child with a disability should attend a neighborhood school and go to class with non-disabled children. They should also be able to take the same general education classes that they would have taken if they did not have a disability.
Section 504 of the Rehabilitation Act of 1973
In addition to IDEA, another law provides protection for children with disabilities in facilities that receive federal monies, including public schools. In the education context, Section 504 of the Rehabilitation Act is an anti-discrimination law that provides that schools must provide reasonable accommodations to students with disabilities.
Disabilities are much more broadly defined under Section 504 than under IDEA. It can include any physical or mental impairment that substantially limits one or major life activities — including the ability to read, write or learn. In contrast, to qualify as having a disability under IDEA, a child must fall into one of 13 eligibility categories, and their disability must adversely affect their educational performance such that they are in need of special education and related services. A child with a broken arm would likely qualify for accommodations under Section 504 while his arm is in a cast — but not under IDEA.
If a child has a qualified disability under Section 504, he or she can then be referred for evaluation. Based on this evaluation, the student could receive certain accommodations, such as extra time on tests or assignments, behavior intervention plans, enlarged print or visual aids. He or she should be placed in a regular classroom with students who do not have disabilities.
What to Do If Your Child’s School Discriminates Against Them
If your child’s school discriminates them on the basis of their disability, there are certain procedures that must be followed depending on the nature of their disability and what law has been violated. In many cases, parents will be required to file complaints with the school district or the Department of Education before filing a lawsuit against the school. A children’s rights attorney can work with you to determine the proper procedure and the best court of action to take.
This school year, stand up against discrimination. If your child has a disability and has been refused accommodations or otherwise discriminated against at school, contact PLBH today at (800) 435-7542 or info@plblaw.com. Our attorneys have broad experience in children’s rights issues, and will fight to ensure that your child receives better treatment at school.