Disability Resource Group
Ten Things You Should Know About Your Child's Rights at School
1) Public Schools are required to educate all children from age 5 onward. No matter how severe the disability or how destructive the disability related behavior the school must provide an appropriate education. If this means schools paying for a child going to another county or state to receive some very specialized education, the school system must do whatever it takes to educate each child with a disability.
2) There are 3 laws that apply to children with disabilities in educational settings.
a) IDEA requires that parents, educators, and older
children plan together to determine the most effective educational
setting and the needed special services to assure education of children
with certain specific disabilities.
b) Section 504 of the Rehabilitation Act requires that
no one who receives federal money can discriminate against people just
because of their disability. Schools must make accommodations for
children with disabilities so that they can take advantage of the public
education. This includes such things as: little snacks for children with
diabetes, moving a classroom for a child using a walker, providing a
place for quiet time for a student with mental illness, allowing a child
with a seizure disorder to carry a pager.
c) The Americans with Disabilities Act covers all
students with disabilities whether they need special education or not.
It requires school systems to provide accommodations that integrate this
student to the greatest extent possible. The ADA also requires that
schools be non-discriminating, provide equally effective communication
(Braille or interpreters, etc.), and provide physical access for all
people in the community when they are participating in a school
function. This means ball games, graduation ceremonies, PTA meetings,
etc. must be equally available to everyone in the community.
3) Parents can at any time request a meeting to review or update placement decisions, IEP goals, or 504 plans. The school staff should not make any of these decisions without notifying the parents. If the parents cannot attend, a mutually agreed upon date and time should be found.
4) IDEA requires that schools continue to provide educational services to students with disabilities up until that student’s twenty-second birthday.
5) Not all schools must be physically accessible, but a
child with a physical disability should be served in a school that is
comparably convenient as the one his/her neighbors attend. This means a
physically disabled child should not be bused an hour away if most students
in the community have only a twenty-minute bus ride.
6) If you are not in agreement or not happy with the findings of a school evaluation of your child, you may request an outside evaluation, which the school system must pay for.
7) If the parents do not agree with the placement, goals, or services and agreement cannot be reached, parents may:
a) Write to the school system’s Director of Special Education requesting a "due process hearing." This is like a court case but less formal. You do not have to have an attorney, but the school system probably will have one present. There are several agencies in Georgia that provide school specialists who can help you before and during the hearing.
b) You may also request mediation with the school system
c) Additionally, you may file a complaint with the U.S. Department of Education, Civil Rights Division in Atlanta. Hereto, there are many agencies in the state that will help you prepare this complaint.
d) You may obtain an attorney and file a case in federal court under the ADA if you feel your child is experiencing discrimination because of his or her disability.
8) If there is a dispute about where your child should be placed, the school must keep the child in the current location until all appeals, hearings, etc. have been completed. This requirement is called "stay put."
9) Any time you have a meeting with school staff, you may take advocates, people who have worked with your child, other experienced parents or family members with you to support your opinions, and your resolve.
10) Your child must be provided with the supports he or she needs for an appropriate education and must first be placed in the most integrated setting:
a) Most integrated in a regular education classroom (and if this is not successful)
b) Then a resource room during a small portion of the day,
c) Then a classroom with just children with disabilities and no time in a regular classroom,
d) And, finally, education in a special school or homebound.
Email: nduncan@bellsouth.net
