Special Education and the Rights of the Disabled to Equal Access

The Individuals with Disabilities Education Act (IDEA) prevents public schools from discriminating against students with disabilities, guaranteeing access to free, equal public education. Special education must meet the unique needs of the child and prepare him or her for further education and independent living.

Services may include small group or individualized instruction, assistance technology, and rehabilitation aids such as speech therapy. While the education has to be appropriate for the district, it does not have to be the best available. Disabled children should not be unfairly isolated from their classmates. The law requires that they be educated alongside other children whenever possible.

Assessments of Your Child

Each state is responsible for carrying out the IDEA, and the school system is responsible for evaluating the child to see if the child qualifies for special education. Parents cannot force the school district to use an outside evaluation. A variety of disabilities entitle the child to special education, including learning disabilities such as AD/HD, behavioral problems, mental retardation, emotional disturbances, or hyperactivity, as well as some physical limitations such as sight or hearing loss.

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The IEP and Placement

Once the child qualifies for special ed, the school and the parents create an individualized education program (IEP). Parents unhappy with their child’s IEP are entitled to a hearing. If the court or administrative body determines the public school is not giving an appropriate education, it may be possible for parents to get reimbursement for a private school placement.

Disability Harassment

Unfortunately, disabled children are sometimes victims of harassment from other students and surprisingly, sadly, even teachers. Harassment that interferes with learning may violate the child’s civil rights and the Americans with Disabilities Act (ADA).

How Can a Lawyer Help?

You may need a lawyer if you want a hearing regarding your child’s IEP, if your child has been denied access to public schools, or is being harassed. Contact an education law attorney for specific advice about your situation.

For More Help: See the Free Advice section on Education Law for general information on your child’s rights.

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Case Studies: Special Education and the Rights of the Disabled to Equal Access

Case Study 1: Assessments of Your Child

A parent, Mr. Smith, discovers that his child, who has been struggling academically, might have a learning disability. Mr. Smith requests an evaluation from the school district to determine if his child qualifies for special education services under the Individuals with Disabilities Education Act (IDEA).

Despite his concerns, the school district refuses to conduct an evaluation and denies Mr. Smith’s request. Frustrated and seeking assistance, Mr. Smith contacts an education law attorney to understand his options and ensure his child’s rights are protected.

Case Study 2: The IEP and Placement

Ms. Johnson’s child has been receiving special education services for several years. However, she believes that her child’s current individualized education program (IEP) is not adequately meeting her child’s needs. Ms. Johnson requests a review of the IEP and proposes changes to better support her child’s education.

Unfortunately, the school district disagrees with her suggestions and refuses to modify the IEP. Determined to advocate for her child’s rights, Ms. Johnson seeks legal help to challenge the school district’s decision and explore the possibility of a private school placement.

Case Study 3: Disability Harassment

A disabled child, Emily, faces ongoing harassment from her peers and even some teachers at her public school. The harassment has reached a point where it significantly interferes with Emily’s ability to learn and creates a hostile environment.

Emily’s parents, deeply concerned for their child’s well-being and education, consult an education law attorney. They want to understand their options for addressing the harassment, ensuring that their child’s civil rights are protected under the Americans with Disabilities Act (ADA).

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