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Disability rights in school are a hot topic in current events.  Here is what you need to know about federal law regarding students with disabilities.

Your Child’s Right to an EducationThis month, a new Secretary of the Department of Education was sworn into office.  Her answers to questions about special education during the confirmation process raised many concerns for parents of children with special needs and for educators.  Secretary DeVos appeared to be unfamiliar with the federal laws that govern access to education in the United States, but did affirm that she would comply with and uphold those laws if confirmed.

The confirmation process raised many questions for Americans about what rights students with disabilities have when it comes to education.  There are three primary laws that protect the rights of individuals with disabilities in the educational system: the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504).  No matter who is in charge of the Department of Education, these laws are still in place, and provide certain legal rights for people with disabilities in the American school system.

IDEA requires schools to provide special education and other services to children with disabilities who require them. This law ensures that students with disabilities have access to a free and appropriate public education (FAPE), and that students are provided with special education in the least restrictive environment, which often means that students are taught in the general classroom when possible.  Not every student with special needs will qualify under IDEA; to qualify, a child must have one of the thirteen disabilities covered by IDEA.  That includes autism, deafness, emotional disturbance, blindness, intellectual disability, a specific learning disability, orthopedic impairment or other health impairment. In addition to having a covered disability, the student must require special education to make progress in school as a result of that disability. IDEA also provides parents with certain rights, including the right to participate in the educational decisions concerning their child.

The ADA prohibits discrimination against people with disabilities, including in schools. It generally provides less protection for students with disabilities than IDEA and Section 504, but it does cover situations outside of school, such as on field trips, at camps and in activities run by private organizations.  This law requires that these organizations not discriminate and that they give reasonable accommodations to kids with impairments.

Section 504 is part of a federal civil rights law that prohibits discrimination against students with disabilities in public schools.  The definition of disability is broader under Section 504 than under IDEA, and includes anyone who has an impairment that substantially limits a major life activity, a record of that impairment, and is regarded as having an impairment.  A student with Attention Deficit Hyperactivity Disorder (ADHD) might not qualify as a student with a disability under IDEA, but may be entitled to protection under Section 504 because the ADHD impairs his or her ability to do a major life activity such as concentrating. The right to FAPE — free and appropriate public education — is also guaranteed by Section 504.  However, parents have fewer rights under Section 504 than they do under IDEA.  There are also fewer requirements for what a 504 plan must contain under the law.

At PLBH, we are committed to ensuring that children are not discriminated against at school on the basis of disability.  Contact our office today at (800) 435-7542 or info@plblaw.com if you believe that your child is being discriminated against, unfairly excluded from school actives or denied adequate services and accommodation at school.  Initial consultations are free, and in many cases, we will not charge a fee unless we recover money for you.