Educational Rights for Your Child with a Disability
Many health conditions can affect your child’s ability to learn. By law, children with disabilities have rights which must be protected by the school.
Laws protecting children with disabilities include:
If you learn about these laws, you can help your child to get the help they need in school. It is important to work closely with the school team to obtain the services best for your child.
What is Section 504 of the Rehabilitation Act of 1973?
Section 504 says that people with disabilities should not be discriminated against by any program which receives federal funding. This includes public schools and private schools which receive federal funding. Some children may qualify for a 504 plan in school. Section 504 applies to:
If a child qualifies for a 504 Plan the school is required to provide reasonable accommodations. Accommodations do not change what your child is learning. A 504 plan provides accommodations to help them access the typical classroom setting and curriculum. Many medical conditions are covered by Section 504.
Examples of accommodations under Section 504:
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A child who uses a wheelchair has ramps available in the school.
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A child with ADHD has preferred seating.
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Extended time on tests and assignments.
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Reduced homework or classwork.
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Excused lateness, absence, or missed schoolwork.
Individuals with Disabilities Education Act (IDEA)
The IDEA requires that children with disabilities have free appropriate public education (FAPE) available to them. For the education program to be appropriate it must meet the child’s individual needs. Some children may require specialized education through an Individual Education Program (IEP) to meet their needs.
To qualify for special education services under IDEA, your child must have a disability that adversely affects their learning.
Special education services include instruction designed to meet the individual needs of a child with a disability. This may include changes to the standard curriculum or class setting. Additional related services may include physical, occupational, and speech therapies.
How do I ask for special education services under the IDEA?
You should send an email or bring a letter to your school team asking for an evaluation. You will then be asked to sign a “permission to evaluate form.”
Your child will then be evaluated by a team which includes a psychologist. They will test your child’s academic skills and functional levels (basic self-care skills).
Based upon the information gathered, the team will decide whether your child qualifies for special education services.
What is an individualized education program (IEP)?
If your child qualifies for special education services, then they will get an Individualized Education Program (IEP). The purpose of the IEP is to set measurable goals and provide specific services. You will attend IEP meetings with your child’s teachers, psychologist, and others. Your thoughts and suggestions will be included in the plan. The IEP will list your child’s specific needs for special education and related services. This may include recommendations about what type of classroom setting would meet your child’s needs best.
An IEP meeting is usually held once a year. However, you can request an IEP meeting at any time if you are not satisfied with your child’s progress. Your child will need psychological and educational testing every 3 years.
How do I know if my child is making progress towards their IEP goals?
During the school year you will receive written reports that explain your child’s progress.
What can I do if I disagree with the evaluation, IEP or placement?
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The first step is to have a meeting at the school.
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A second option is to ask for mediation. In mediation a neutral third party works with both sides to reach an agreement.
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A final option is to file a Due Process Complaint and ask for a special education hearing.
What if my child does not qualify for an IEP?
Children who do not qualify for special education services can usually receive accommodations at school under Section 504. Speak to the team at your child’s school about your options.
What is the Americans with Disabilities Act (ADA)?
In 1990 Congress passed the Americans with Disability Act (ADA). The ADA prohibits discrimination towards an individual with a disability. The ADA requires reasonable accommodations for individuals with physical or mental impairments which limit a major life activity.
What happens when my child transitions into college?
A college student with a disability is no longer covered by the IDEA. A college student is protected by Section 504 and the ADA. It is the student's responsibility to tell the college they have a disability and provide documentation. By law the college must provide reasonable accommodations.
Websites with additional information:
Reviewed June 2024 by Heather DeLine, LCSW