Every child in the United States has a right to a public education, including special needs children. Laws protect each child from exclusion. In addition, laws specific for special needs children ensure a quality education that also addresses the unique issues of each child. However, navigating the complex legal and school guidelines isn’t easy. Know the rights for your child to advocate for their interests. Your Right to a Free Education
The Individuals with Disabilities Education Act, or IDEA, is a federal law requiring a free education for all students with disabilities.1 Along with access to a free education, IDEA emphasizes appropriate education designed to address the unique requirements of children with special needs.
Another aspect of the law impacts school discipline. When misconduct occurs due to the child’s special need, the school must conduct an assessment to determine a plan to help the child avoid the behaviors instead of taking punitive action. If the misconduct isn’t related to the special need, the school must still provide access to educational services in the case of suspension.
While IDEA protects and supports parents, the law also supports educators. Schools need access to research, tools and training to educate special need students well. IDEA means guardians are not responsible to pay to support these resources for the school.
Your Right to Non-Discrimination
The Americans with Disabilities Act, or ADA, protects individuals of all ages with disabilities, not just students. However, the law applies to students too. The rights protected by the ADA include physical access so that students requiring special equipment, like ramps or bathroom rails, have needed supports and are not prevented access to education.
The McKinney-Vento Act prevents discrimination for homeless families and youth. In addition, it protects children temporarily placed with a non-parent outside of the designated school area. This means that children without a permanent place of residence have the right to stay in their school or enroll in a new school with access to all applicable programming. Programs include preschool, nutrition programs, special education services and more.3
Your Right to Equal Privileges
Section 504 of the Rehabilitation Act of 1973 protects your student from denial of access to the privileges other students receive in public schools.4 The law applies to qualified individuals, which means students must meet the normal and essential requirements for this law to apply.
For example, for students, age is an appropriate requirement. A forty-year-old wouldn’t receive protection to attend a public elementary school. The intent of the law is to protect students, and workers, from physical barriers, denial of federal financial benefits or other programming based solely on their disability.
Your Right to Privacy
The Family Educational Rights and Privacy Act, or FERPA, applies to all students.5 The law protects student records from public access. Specific guidelines of the law prevent schools from sharing student records. This means that your student’s personal information, including details about their special needs, does not become public knowledge.
Your Rights in Action
The complexity of the legal requirements and the burden to navigate those requirements may feel overwhelming. However, as a parent or guardian, these laws are your tools to ensure the educational system meets the needs of your child.
You have a right to request an evaluation for your child to determine if they should receive resources in support of their specific special needs. This includes both physical and mental disabilities. An evaluation is key to protect their rights. This is the first step to ensure a quality education.
The school cannot charge you for access to special education programming for qualifying students. Special education programming is part of a free public education and the law protects families from special education resources becoming a financial burden.
The law also establishes your student’s rights to receive the same educational experience they would receive if they weren’t disabled. For example, if your child has a physical disability requiring a wheel chair, the school cannot deny entrance to a chemistry class held on an upper level of the school simply because the school lacks an elevator.
Whether you’re protecting your child against unjust disciplinary action, discrimination or simply trying to receive the services you need, at Three Rivers Legal Services, we believe each child’s rights matter.
Seek the Help You Need to Protect Your Rights
Understanding the legal rights and protections for your child is only the first step to ensure access to the educational resources provided by the law. At Three Rivers Legal Services, we come alongside families to ensure students receive the education they deserve.
We offer support for low-income families that includes education, connection to community support groups and advocating to guarantee legal protection for students. In addition, we train volunteers as educational surrogates for foster children.
Our programs help families and children receive the educational support and resources necessary to learn, grow and succeed. Apply online today for legal help.
Sources:
- IDEA, “About IDEA.”
- Understood, “ADA: Protecting Your Child’s Civil Rights.”
- Department of Education, “Supporting the Success of Homeless Children and Youths.” 2016.
- Department of Health and Human Services, “Your Rights Under Section 504 of the Rehabilitation Act.”
- U.S. Department of Education, “Family Education Rights and Privacy Act.”