Education for students with disabilities is a vital part of the education system. It provides tailored support to students with disabilities.
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed December 09, 2024
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Some students need education accommodations at school. Certain laws ensure students get the access and help they need. School officials are responsible for ensuring these laws are followed.
This section provides articles and resources to help you with various accessibility and education topics. This section includes articles on the following topics:
The cornerstone of education for students with disabilities in the United States is the Individuals with Disabilities Education Act (IDEA). All education support and services laws are derived from IDEA. IDEA determines how state agencies provide individual education and other services to children. This law ensures students with disabilities receive free appropriate public education (FAPE.) This must be achieved in the least restrictive environment (LRE) possible.
This law covers protections and rights for students in public schools. This includes the right to an education that meets their unique needs. This law helps prepare children with disabilities for employment and independent living. The law applies to children ages three to 21. It provides individualized educational programs (IEPs) to these students.
The parents of children with disabilities also have certain rights under IDEA. This includes the right to review all school records, to be an equal member of the IEP team, and to suggest an alternative to the IEP when necessary.
The Rehabilitation Act of 1973 is another crucial legislation impacting education for students with disabilities. Section 504 of this act is particularly significant for students with disabilities. It prohibits discrimination based on disability in programs and activities that receive federal financial assistance, including public schools. Under Section 504, students who may not qualify for education services under IDEA may still receive accommodations and modifications to ensure equal access to education.
This can include changes in the way instruction is delivered. It can also include assistive technology or adjustments in classroom settings and testing environments. The Rehabilitation Act complements IDEA by broadening the scope of support to include a wider range of disabilities. This ensures a more inclusive education system. Schools are responsible for identifying students eligible under Section 504 and providing them with the necessary accommodations.
Under IDEA, eligible children receive various supports, known as related services. These might include speech therapy, counseling, or physical therapy. Schools must conduct assessments to understand each child's needs.
Children with the following conditions are entitled to rights under IDEA:
School districts must provide services to these students in the least restrictive environment. This means students should learn alongside their peers to the greatest extent possible.
Each child who qualifies for accommodations is entitled to an IEP. An IEP is a plan developed for each eligible child. It details the student's educational needs, goals, and the specific services they will receive. This plan details the child's performance level. It also discusses how their disability affects academic performance. Finally, this plan includes any accommodations which must be provided for the student.
The IEP team develops this plan and meets annually to discuss any adjustments to be made. The IEP team must include at least one of the student's regular classroom teachers. There should also be a teacher focused on accessibility or disability education. A psychologist and an administrator should also join. There should be an administrator present. The student's parents also may be part of the team.
Preparing for an IEP meeting involves understanding your child's needs and academic achievement. You might also want to know what accommodations might help them succeed. The IEP will focus on the individual needs of the student. Through the IEP, the student will be supported throughout the school year.
Both federal and state governments provide resources and guidelines for education for students with disabilities. The U.S. Department of Education oversees nationwide policies. State boards implement these policies in local schools. The federal government supports education for students with disabilities through various funding streams and programs. The main source of federal funding is under IDEA, which allocates funds to states based on specific criteria. These funds are used to cover a range of services and supports.
Statewide laws and regulations can vary, so knowing your specific state's provisions is important. State governments also contribute to funding education services. Each state has its mechanisms and formulas for distributing funds to school districts. These formulas often consider factors like the number of students and the severity of liabilities. States might also have unique programs and grants to support education for students with disabilities. These help complement federal funding.
Any agency (such as a school district) that fails to provide FAPE to eligible students risks losing federal funding. The state education authority hears complaints from parents and students. It must hold an impartial meeting about the complaint.
Parents may also appeal the decision to another state agency if they are unsatisfied with the outcome. Then, they may take the issue to a court proceeding. If the complaint involves an alleged breach of the Americans with Disabilities Act (ADA), it should be addressed to the federal Department of Education.
The ultimate aim of education services is to support students in achieving academic success and preparing them for life after high school. Whether they attend public or private schools, the goal is to equip them with the skills and knowledge they need for further education, employment, or independent living.
Understanding education rights and procedural safeguards is crucial as a parent to a child with a disability. These include the right to an independent educational evaluation, due process hearings, and dispute resolution methods. If you need help navigating these systems, consider seeking legal help from a lawyer knowledgeable in education law.
