What is the difference between the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act?

Sun, 01 Feb 2009 02:32:45 GMT

The Individuals with Disabilities Education Act (IDEA) is a federal law that applies specifically to schools. The IDEA outlines the responsibilities that a school has toward a disabled student, and the rights that a disabled student has to receive a free and appropriate public education in the least restrictive environment.

In order to follow the IDEA, public schools must identify and evaluate children with disabilities in order to ensure that they receive an appropriate education. Once a child has been identified as having a disability, then the school must put together a team of professionals to develop an Individualized Education Plan (IEP) that sets forth the child’s educational goals, as well as what services the child will receive in order to meet those goals.

On the other hand, the Rehabilitation Act is a federal civil rights law that prevents discrimination against persons with disabilities in federal agencies, federally funded programs, and federal employment. Section 504 of the Rehabilitation Act is the provision of the law that specifically prevents discrimination against persons with disabilities in programs funded by the federal government, which includes public schools.

Each federal agency has different regulations that outline the requirements that must be met under section 504. For instance, these regulations commonly require that programs receiving federal funding, including public schools, must provide reasonable accommodations for persons with disabilities, and must be physically accessible for persons with disabilities. In the case of public schools, Section 504 requires that children with disabilities have equal access to education.

Unlike the IDEA, Section 504 does not require that schools develop IEPs or any sort of written plans for disabled children, although a school can if it so chooses. Since section 504 is a more generalized law that applies to agencies and programs other than public schools, children and parents have more procedural rights and input under the IDEA than they do under section 504. For example, a school can develop a section 504 plan for a child without inviting his or her parents to attend the development meeting. Generally, it is not necessary for a school to develop both an IEP and a section 504 plan for a child; a child’s IEP should cover every aspect of the child’s education, and the child is automatically entitled to the protections of section 504. Furthermore, a child’s rights under the IDEA end when his or her public schooling ends. Section 504 rights, however, continue to cover the child throughout his or her life.

There are also differences in how you can enforce the IDEA and Section 504. Each state operates somewhat differently, but in general terms, you must go through certain administrative procedures in order to enforce the IDEA before you can file a lawsuit. For instance, you generally must request a due process hearing, which is an informal hearing in front of an impartial hearing officer. In some states, you will also have to request that your state educational agency review your complaint. It is only after you have gone through these administrative procedures that you can file a lawsuit in state or federal court. Section 504 is different, in that you don’t have to go through any administrative procedures; you can enforce Section 504 by simply filing a private lawsuit in court.

A Back to School Checklist: How to Enroll Your Child in Public School

Tue, 14 Oct 2008 19:02:48 GMT

Whether your child is starting school for the first time or you have moved to a new school district, you will need to enroll your child in school. Federal, state and local laws all influence the requirements for enrolling a child in a particular school district. However, there are some common things that most school districts require for all new students.

The Paperwork

Before you assemble the paperwork with which you will enroll your child, it is important that you call the school district superintendent’s office. They will be able to tell you what school your child is eligible to be enrolled in based on your residency and they will tell you whether you should enroll at the principal’s office or a central admissions office for the school district.

Typically, you will be required to bring the following paperwork with you:

    Proof of Residency. The school district will want to make sure that you live in the town or city in which you are seeking to enroll your child. Your driver’s license or a utility bill will usually suffice to prove residency.

    Birth Certificate. The school district will want to confirm your child’s age and make sure that he or she is placed in the right grade.

    Previous transcripts. If your child has been in another school district, private school or homeschooled in the past, then the district will want to see a transcript or other documentation of schoolwork successfully completed so that they know which grade the child should be in upon enrollment.

    Immunization records. State laws require that students have specific immunizations in order to prevent the spread of disease. Your child’s pediatrician can provide you with the necessary documentation.

Special Circumstances

Sometimes, special circumstances exist that make providing the required paperwork difficult, if not impossible. The law does provide for exceptions to the requirements in certain limited circumstances. Two of the most common exceptions concern residency and immunization requirements.

1. Residency Exception. The federal McKinney – Vento Act provides certain protections to homeless children. Homeless children are defined as those who lack a fixed, regular and adequate residence. The definition of homeless is broad and includes children who are living with extended family due to times of economic hardship or loss of housing, those who are in public shelters and those who are living in cars or campgrounds. Children who are covered by the Act are entitled to be immediately enrolled in either the school district where they are temporarily living or the district in which they were enrolled prior to becoming homeless (school of origin).

2. Immunization Exception. Some states provide an exception to the requirement that the student receive the required immunizations if there is a sincere religious belief that prevents the child from getting the immunizations.

Starting to attend school in a new school district can be very exciting. It is important that school districts are explicit about the enrollment requirements and that parents understand and comply with the requirements so that students can begin school as quickly as possible.

For more information about enrolling in public school, contact an education law attorney today.

Federal Stafford Student Loans: Understanding the Promise of the Promissory Note

Tue, 14 Oct 2008 17:42:23 GMT

Before school begins each semester many students will need to borrow money for tuition and college expenses. So, they will take out federal student loans. As federal student loan borrowers, they will be asked to sign a master promissory note. This is the document that requires them to repay the money that they are borrowing. Therefore, it is important to understand the promises made regarding repaying the money.

The most important thing for borrowers to remember when they are taking out student loans is that they are promising to repay the loans in the future. They will be paying the amount borrowed, the interest accrued, any fees that were added to the loan amount (such as origination and guarantee fees) and any late charges or collection costs that they might incur if they do not make their loan payments on time. The loan interest begins accruing on the date the loan funds are originally disbursed and continues accruing until the loan is paid in full. (In some cases, the federal government may pay the interest while you are in school.) The interest rate is determined by the federal Higher Education Act.

As for repayment, if the loan money is not used solely for educational purposes, if the borrower fails to enroll in school at least half time or if the borrower lies to receive funds for which he or she is not eligible, then the loan will become due immediately. Otherwise, all borrowers who comply with the terms of the loan are given a grace period upon graduation or when they cease to be at least a half time student. Typically, borrowers are given six months before they need to start repaying the loans. However, the grace period may be extended an additional three years if the student is called to active duty for the U.S. military. The borrower is given a choice of repayment plans that typically run from 5 -10 years and require monthly payments. However, the repayment term can be extended to 25 years in certain circumstances.

Deferment options are also available in certain limited circumstances. Borrowers may be able to defer their loan payments if they are a full time student in a graduate program, enrolled full time in a rehabilitation program for individuals with disabilities, if they are unemployed and unable to find a job despite conscientious job seeking, or if they are under economic hardship as determined by federal law.

Forbearance of the loan payments may also be an option, pursuant to the federal Stafford student loan promissory note. Forbearance allows borrowers to temporarily stop making payments in cases of illness or economic hardship. Medical and dental interns and residents may also be eligible for this option as may be some military personnel, teachers and daycare providers.

Federal Stafford loans are just one type of student loan. Every type of loan has its own promissory note that explains the specific borrowing and repayment terms of the loan. While all promissory notes require student borrowers to repay their loans, the details may vary and it is important to read the promissory note carefully and make sure that you understand what you are agreeing to before you sign it and accept the funds.

For more information on student loans, contact an education law attorney today.

How do I prepare for my childs special education due process hearing?

Sun, 01 Feb 2009 02:44:43 GMT

In some cases, the parents and the school will disagree as what special education services should be provided for a child in order to give him or her a free and appropriate public education. The Individuals with Disabilities Education Act (IDEA) provides for different ways to resolve disputes about special education issues between parents and schools. As a parent, you have the right to request a due process hearing, which is a hearing in front of an impartial hearing officer. At the hearing, both the parents and the school have the opportunity to present their sides of the dispute. The hearing officer hears all of the evidence from both sides, and then makes a decision to resolve the dispute, which is the purpose of the due process hearing.

The most important keys to being prepared for a due process hearing is organization and documentation. Throughout your dealings with the school about your child’s special education needs, you must keep copies of all paperwork that is produced by you or the school. This gives the hearing officer a “paper trail” to follow as he or she reviews your dispute. Paperwork also acts as important evidence in a due process hearing; for instance, if the school says that you didn’t ask for a particular accommodation for your child, but you wrote a letter to the school asking for that accommodation, you can show the hearing officer proof of your letter. In this sense, paperwork relating to your case can make your side of the story more believable.

Next, it is equally important to present your side of the case in an organized, logical, focused manner. Due process hearings tend to be very emotional, especially for parents who are simply trying to get the best education for their child. However, it is much more effective to focus on the facts and evidence that best supports your case; you must tell your child’s story in a way that will persuade the hearing officer that your child needs the particular service or accommodation that you have requested the school to provide.

It is always best to start at the beginning of your child’s journey through the world of special education, and then logically present the evidence in support of your side of the story. In telling your story, you must explain what your child needs, why your child needs it, what the school did or didn’t do to provide it, and what you want the school to do now. You also should be as specific as possible; it is not enough to simply tell the hearing officer that the school denied your child a free and appropriate public education. Rather, you have to tell the hearing officer exactly what the school did – or didn’t do – that resulted in a violation of the IDEA.

You may also want to enlist any helpful experts you have for your child to testify at the hearing. For instance, if your child’s psychologist recommends that certain services be provided for him or her, the psychologist will be in the best position to explain the content of the recommendation, as well as the reasons for the recommendation. Plus, using the testimony of an expert witness as evidence in support of your position will help your requests seem more reasonable and believable.

How to Legally Home School Your Child

Mon, 20 Oct 2008 18:54:04 GMT

Home schooling is legal in all 50 states. The reasons why parents chose to home school their children vary widely. Some parents decide to home school for religious reasons and other parents chose to home school because they are not satisfied with the public and private school options in their area. No matter what the reason, parents are able to home school their children as long as they comply with applicable state laws.

State Requirements

Each state has its own legal requirements for parents who home school their children.
Approximately 10 states require no notification or other documentation from parents to school districts regarding their decision to home school. The parents simply make the decision to home school and begin doing so without any school district regulation, requirements or involvement. About 14 other states require that home schooling parents notify the local school district of their intent to home school. Nothing else is required.

While half of the states require no notification or notification only, these states still have mandatory school attendance laws that require students of certain ages (typically ages 6 -16, although that can vary) to be in school. Therefore, it is important for parents to keep records of their home schooling efforts in case anyone makes an allegation that their children are truant or that the parents are neglectful. If state child protection services start to question your child’s education then you want to have the documentation of your home schooling efforts ready to show them.

The other half of the states vary in the level of regulation that they impose on home schooling parents. Some require that parents send notification, student test scores or another professional and objective measurement of student progress annually or more frequently. Other states require all of the above and proof of the parent’s teacher qualifications, a curriculum plan approved by the school district and home visits by the school district.

Children With Special Needs

Parents of children with special education needs may decide to home school the children. While there are not additional requirements imposed on these families, it is advisable to take steps to document your child’s progress. In order to prevent future inquires and problems regarding your home school arrangement, it is important to have your child evaluated regularly. It is also important to seek the assistance of specialists whether it be education consultants or specific therapists in order to meet the needs of your child.

How To Find Out About Laws in Your State

Since the laws and requirements for home schooling do vary from state to state, it is important to find out what you are required to do in your state. The first step is to contact your local school district’s superintendent’s office and ask what is required of you should you decide to home school your children. After that you can seek the advice of a local home schooling group about how to comply with those requirements. Each state’s specific laws are also found online either on a home schooling resource website, the state Department of Education’s website or the state’s judicial system’s website where the state’s general laws are published. If you feel that the law is not being followed or that it is being applied discriminatorily then you should seek the advice of a local education attorney.

For more information on home schooling, contact an education law attorney today.

Special Education Eligibility

Tue, 21 Oct 2008 19:24:20 GMT

The federal Individuals with Disabilities Education Act (IDEA) requires that a student with a qualified disability be provided with special education or related services so that the student can make effective progress in the general curriculum.

How is Eligibility Determined?

First, someone must raise a concern about the child’s progress in the general curriculum and make a referral for a special education evaluation. The school district must then notify the parents that a referral has been made and request the parent’s informed consent to the evaluation. The parents must be provided with information about why their permission is sought to evaluate the child and what the possible outcomes of that evaluation could be for the student.

After parental consent has been obtained, the school district must begin the student’s evaluation. The evaluations used must be administered by qualified individuals, validated, as free from cultural bias as possible and tailored to assess the specific needs of the student.

Once the evaluations are complete, the school must convene a meeting to determine eligibility. IDEA requires that the following people be present at this meeting: the parents, a representative of the school district who has the authority to commit district resources, a representative of the school district who is qualified to provide special education services and who is knowledgeable about the general curriculum, the child’s general education teacher, individuals who can interpret the evaluations, any individuals whom the parents wish to invite and in some cases the student, if one of the purposes of the meeting is to discuss transition services.

This team that is convened to decide eligibility must consider whether the student has a disability, if the student is making effective progress in the general curriculum, if the lack of progress is a result of the student’s disability and whether special education or related services are needed in order for the student to make effective progress in the curriculum.

What If You Disagree With the Eligibility Determination?

If your child is found eligible for special education and you disagree with that determination you can withhold your consent on the Individualized Education Plan (IEP) that is proposed by the school district. The school district may not begin initial special education services without your consent.

If your child was found not eligible for services and you think that the child should receive services then you may appeal the finding of no eligibility. Alternatively, if your child has a disability and does not need special education instruction but does need accommodations then you can request accommodations or modifications pursuant to a federal civil rights law, Section 504 of the Rehabilitation Act.

If you disagree with the results of an evaluation that was used in determining eligibility then you can request an independent education evaluation be conducted. The results of the evaluation must be considered by the evaluation team.

The special education eligibility process can be a confusing and an emotional time for parents. However, it is an important process that is designed to make sure that students with disabilities who cannot access the general curriculum are given the means to do so. Parents can help in this regard by understanding their legal rights and working collaboratively with school districts.

For more information on special education eligibility, contact an education law attorney today.

The IDEA of Special Education

Tue, 01 Sep 2009 00:59:11 GMT

Individuals With Disabilities Education Act (IDEA)

The federal Individuals with Disabilities Education Act (IDEA) entitles children with disabilities to a free and appropriate public education. Gone are the days when public school systems can refuse to educate a child because of the child’s cognitive, emotional or physical disabilities. Now, each school district must comply with federal and state laws and regulations to provide special education students with the free appropriate public education to which they are entitled.

Eligibility

In order to be entitled to a free and appropriate education, a student must qualify for special education by having a disability and needing special education services. Students may have a disability that requires accommodations but not special education services. For example, a student with a physical disability may need extra time between classes or a desk that accommodate a wheelchair but the student may not need special education services. The student would then qualify for accommodations pursuant to Section 504 of the Rehabilitation Act.

The local school district must conduct an evaluation in order to determine if a child is eligible for special education. A parent may request an evaluation or a school district may propose an evaluation. A parent must provide informed consent before an evaluation. Typically, that means that the school district must provide a parent with a list of evaluations that will be conducted and a statement of the parent’s rights in special education.

IEPs

After completing an evaluation, the school district must convene a meeting to discuss the evaluation results and the child’s eligibility for special education. The law provides that the child’s teacher, parent, a person authorized to commit district resources (money) and people qualified to interpret evaluation results be present at the IEP meeting. This group of people is known as the IEP Team in many states. If the child is found ineligible for special education then the parent will be notified of that decision.
If the child is found eligible for special education, then the IEP Team will develop an Individualized Education Plan (IEP) that addresses the special education needs of the student. The IEP includes annual measurable goals that the student should be able to achieve with the help of special education services, a description of the direct special education services, related services and accommodations and a summary of test results among other things.

Disputes

While many IEPs are developed each year that provide students with important and necessary services, there are times when parents and school districts disagree with each other about special education eligibility or the contents of the IEP. Parents who disagree with school districts have several options available to them. Parents may seek mediation or formal due process hearings to resolve conflicts with the school district. If the child already has an agreed upon IEP in place at the time the parent files for mediation or due process then the last agreed upon IEP remains in effect until the dispute is resolved.

There are many legal deadlines and requirements that are designed to protect the rights of students with disabilities. Parents of students with disabilities should carefully review the Parent’s Rights document put out by their state Department of Education and consult with an education attorney as necessary if a dispute should arise that is unable to be resolved with school district personnel.

There is Such a Thing as a Free (and Nutritious) School Lunch

Tue, 14 Oct 2008 19:23:01 GMT

More than 30 million students participate in the National School Lunch Program. They join the millions of other students who have enjoyed a nutritional school lunch since the National School Lunch Act became law in 1946. Schools that participate in the National School Lunch Program must ensure that their meals meet certain nutritional guidelines and that there are free and reduced price lunches available to eligible students. In return, school lunches are partially supported by the U.S. Department of Agriculture.

Nutritional Guidelines

Since the 1996-1997 school year, the regulations implementing the National School Lunch Program have required that all school meals meet the requirements of the Department of Health and Human Services and the Department of Agriculture’s Dietary Guidelines for Americans. That means that no more than 30 percent of the meal’s calories can come from fat and the saturated fat content must be under 10 percent. The regulations also require that school lunches provide one third of the daily Vitamin A, Vitamin C, iron, calcium and calories required under the Dietary Guidelines.

That said, the choice of what to serve is up to the local school districts. For example, a nice warm chicken vegetable soup might be perfect on a January day in Bangor Maine, it would likely be unwelcome in Miami, Florida. Therefore, local school districts are given the opportunity to make their own menus and meal plans so long as they conform with the dietary requirements set forth in the regulations.

Free and Reduced Priced Lunch Eligibility

Another key component of the National School Lunch Program is to ensure that every student eats lunch. To that end, every school that participates in the National School Lunch Program has to offer free and reduced lunches based on the following criteria. Children who are part of families who have annual incomes below 130 percent of the poverty level are eligible for free lunches. Children who are part of families who have annual incomes between 130 and 185 percent of the poverty level are eligible for reduced priced lunches that may not exceed 40 cents per meal.

Children who are part of families who make more than 185 percent of the poverty level pay full price. However, they are still getting a healthy meal at a decent price. Schools are permitted to set their own prices for full priced meals however, because they are participating in the National School Lunch Program they must operate as non-profit programs and they must meet the nutritional guidelines described above. Additionally, the Department of Agriculture partially reimburses schools for all meals, including full price meals, that the schools serve.

The National School Lunch Programs are typically administered through the State Departments of Education which also oversee any state laws and regulations regarding school nutrition and administer federal and state grants regarding school nutrition.

When Congress passed the National School Lunch Act in 1946 they defined its purpose as one of national security. Namely, Congress sought to protect the health and well being of school children by encouraging them to eat nutritionally balanced meals and by making sure that no child would be excluded from this benefit because he or she lacked the ability to pay for lunch.

For more information on school lunches, contact an education law attorney today.

Understanding School Medical Consent Forms

Sat, 01 Aug 2009 15:52:07 GMT

It is that time of year again. Time to think about new backpacks, school year schedules and, of course, the mountain of paperwork that will be provided to you for your signature around the time your child gets on the bus. Some of the paperwork is clear cut. For example, you will likely be asked to sign that you have read the school handbook and you either have read it or have not read it.

However, some of the consent forms, particularly the medical consent forms require a bit more attention. The answers to some of the questions on the medical consent forms may not be quite as clear as you think and the ramifications of the answers that you provide can be very important.

While each state and local school district has different forms that you will be required to sign, you should be prepared to complete any or all of the following documents:

Emergency Consent Form: emergency consent forms authorize the school to make the decision to get medical care for your child, in the case of an emergency. such forms usually require the following types of information:
- the name, phone number and address of your child’s primary care physician;
- the name and location of your preferred hospital;
- the names and phone numbers of at least two people whom the school can contact if attempts to reach you are unsuccessful; and
- your health insurance information.
Administration of Medication Authorization: many children need to take medication during the school day. For some children, this is an ongoing need and for others it is a short term need. For all children with this need, an authorization to administer medication form must be completed. The form should be specific as to the type of medication, the dosage and the time that it is to be administered. Some state and school districts require that the form be signed by both a doctor and the parent.
Proof of Physical Examination and Immunizations: states require public school students to have regular physical examinations and immunizations on a certain schedule. Parents typically need to provide proof of those examinations and immunizations on a state form that is filled out and signed by the child’s doctor.
Athletic Participation Form: student athletes usually need to fill out specific consent forms that are signed by their doctor which allow them to participate in school athletic programs.

While we all get caught up in filling out the paperwork at the beginning of the school year, it is important to take the time to think about the information that you provide and its consequences. Each of the documents described above is legally enforceable and can significantly impact your child’s ability to participate in the school program and get necessary medical care in the case of an emergency. So, it is important to carefully review your child’s medical consent forms and to make sure that the school has the information that it needs to keep your child safe during the school year.

What is the Individuals with Disabilities Education Act?

Sun, 01 Feb 2009 02:27:53 GMT

The Individuals with Disabilities Education Act, or the IDEA, is a federal law that sets out how public schools must treat and educate children with disabilities. All children who are eligible under the IDEA have a right to a free and appropriate public education in the least restrictive environment possible.

One of the most important aspects of the IDEA is the “Child Find” provision. Under the IDEA, it is the school’s responsibility to identify and evaluate all children with disabilities, whether they are currently receiving special education services or not. Therefore, a school must screen all children in order to make sure that they do not have disabilities that necessitate tutoring, special classes, or other types of accommodations.

The IDEA also requires that public schools develop an Individualized Education Plan (IEP) for each disabled child. A team of people who are knowledgeable about a child and his or her needs, such as teachers, counselors, parents, aides, etc., works together to develop an IEP for each child. The team has to follow certain rules, procedures, and timelines in developing an IEP for a child, and the team has to review and revise, if appropriate, a child’s IEP at least once a year. The IDEA also contains certain rules about how and when a child’s IEP can or must be discussed and/or modified, and how a child’s IEP is affected when he or she moves to a new state.

An IEP must contain a concrete plan for meeting clearly stated educational goals for the child, as well as a system for periodically evaluating the child’s progress toward those stated goals. Plus, an IEP must specifically state how the school will help the child to reach those goals; for example, in the case of a child with a learning disability related to reading, an IEP might state that a child will receive remedial reading instruction three times per week with a qualified special education teacher, or, in the case of a child with more serious disabilities, an IEP might provide for placement at a special educational institution outside the public school system. An IEP also must address what accommodations or alternatives, if any, the school must make available for the child in terms of state and federal assessment testing. Furthermore, once a child reaches a certain age, his or her IEP must provide transition services, which are designed to address how the school will prepare the child for his or her life following school, such as by providing the child with job training or teaching independent living skills.

Once an IEP is proposed, the child’s parents or guardians have a right to accept or reject the proposed IEP. If the parents disagree with the IEP and are unable to work with the school in order to reach a satisfactory IEP, then the parents have a right to ask for a due process hearing and a review from their state’s educational agency, according to their state’s laws. If the parents are still dissatisfied by the outcome of the hearing and review, the parents can further appeal the decision to state or federal court.

What rights does my disabled child have under the No Child Left Behind Act?

Sun, 01 Feb 2009 02:24:13 GMT

At this point, it seems that every parent of a school-age child has heard of the No Child Left Behind Act (NCLB). After all, NCLB seems to be the reason for the increasing number of standardized tests that our kids are subjected to on a regular basis from the time they enter kindergarten until they exit high school. NCLB, however, was written to specifically include children with disabilities and their needs. Therefore, if you are the parent of a disabled child, you should be aware of how NCLB affects your child.

First, one of the hallmarks of NCLB is accountability, or tracking children’s academic progress and reporting that progress, or lack thereof, to children’s parents. NCLB’s accountability system also is designed to assess and report the progress of children with disabilities. Because a child’s disability is not necessarily related to his or her cognitive ability, he or she may or may not need special accommodations in order to have academic progress measured by the standardized tests that all children take. For instance, a deaf child clearly has a disability, but if he or she is given the appropriate accommodation during the test, then he or she may perform just as well – or better – than a child who is not deaf. Therefore, NCLB is inclusive of children with disabilities in terms of tracking and reporting their academic progress, just as it does for children without disabilities.

Plus, a disabled child has many different options for testing in order to truly assess his or her educational process, if necessary. While a disabled child can simply engage in the same sort of testing as a non-disabled child, a disabled child can also undergo alternate forms of testing, and his or her results can even be measured against alternate standards. Given these options, then, a school has a duty under NCLB to adequately evaluate, measure, and report the progress of your disabled child.

Designing alternate tests for children with disabilities should be nothing new for schools. All schools have children with disabilities, and the Individuals with Disabilities Education Act has required that schools establish alternate tests at least since its revision in 1997. Therefore, schools have had over 10 years in which to design and implement appropriate alternate tests and procedures for children who need them.

Finally, many schools complain that it is the test scores of disabled children that result in the school receiving inadequate marks as measured by the government, such as being labeled a “school in need of improvement.” However, NCLB provides schools with a number of ways of excluding or minimizing the impact of children with disabilities in terms of the school’s overall progress. After all, every school enrolls children with disabilities, so NCLB takes that fact into account. For example, schools only must test 95% of the children with disabilities; thus, at least 5% of the school’s children with disabilities are excluded from the review process altogether. Thus, it is important to know that schools can minimize the impact of lower test scores; however, if a school is deemed to be a “school in need of improvement”, then perhaps the school DOES need some improvements, including improvements in the education of your disabled child.

What should I do if the school is discriminating against my disabled child?

Mon, 09 Feb 2009 02:11:14 GMT

There are federal laws that protect your disabled child from discrimination by his or her school. Parents of disabled children should be aware of these laws in order to prevent any discrimination against their children based on their disability. By educating yourself about these laws, you can ensure that your school is complying with the requirements of these anti-discrimination laws, as well as protect your children from discrimination.

First, Section 504 of the Rehabilitation Act is a civil rights law that prevents schools from discriminating against students on the basis of their disabilities. Section 504 requires that schools provide equal access to education for all children, including disabled children, by providing accommodations, modifications, or other services as needed. While Section 504 doesn’t require that schools develop Individualized Education Plans for each child, it does require that schools take necessary measures so that disabled children have the same educational access as children without disabilities. Most importantly, Section 504 is not optional for schools. There can be repercussions for a school that does not comply with Section 504.

For instance, some children with disabilities must miss school on a regular basis due to illness or other medical issues. These children are entitled to Section 504 plans that will accommodate the absences, while still allowing the children to complete educational requirements as needed to progress in school. If this is an issue for your child, you should provide your school with the medical documentation necessary to justify the absences, and develop a plan with the school so that your child is still receiving an appropriate education.

Furthermore, the Americans with Disabilities Act (ADA) also applies to children with disabilities. Section 504 essentially mirrors many of the ADA provisions by placing them in the context of programs receiving federal funding, such as schools. Both Section 504 and the ADA require that schools provide reasonable accommodations to children with disabilities so that they can receive the same education as children without disabilities. Of course, what is “reasonable” depends on the circumstances, and takes into account factors such as the size of the school, available resources, costs, and the likelihood that providing the requested accommodation would disrupt normal operations.

If you believe that your school is discriminating against your disabled child in a way that violates Section 504 and/or the ADA, you may want to first sit down with school administrators and discuss your concerns. You are not required to make this contact with the school, but if there is a chance that you can resolve the matter without further action, it is certainly worth a try. If informal discussions do not resolve the issue, then you do have the option of filing a complaint with the Office of Civil Rights (OCR), which is an office within the U.S. Department of Education. The overall goal of the OCR is to work with the school to reach an agreement to modify its discriminatory actions in order to be in compliance with anti-discrimination laws. Keep in mind, however, that you generally must file a complaint with the OCR within 180 days of the date on which discrimination occurred; this time limit may be extended under some circumstances, but you should attempt to comply with this timeline if at all possible.

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Sun, 29 Nov 2009 01:54:03 GMT

Free US Department Of Education Articles

What is the difference between the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act?

What is the difference between the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act?

A Back to School Checklist: How to Enroll Your Child in Public School

Federal Stafford Student Loans: Understanding the Promise of the Promissory Note

How do I prepare for my childs special education due process hearing?

How to Legally Home School Your Child

Special Education Eligibility

The IDEA of Special Education

There is Such a Thing as a Free (and Nutritious) School Lunch

Understanding School Medical Consent Forms

What is the Individuals with Disabilities Education Act?

What rights does my disabled child have under the No Child Left Behind Act?

What should I do if the school is discriminating against my disabled child?

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Free US Department Of Education Articles

How do I prepare for my childs special education due process hearing?