Here Are the Laws Protecting Students With Disabilities

Here Are the Laws Protecting Students With Disabilities

If you have a disabled child, then you already know how much of a challenge it is. The last thing you want to worry about is your child being mistreated or discriminated against. That’s why it’s important to know the laws protecting students with disabilities. 

There are several special protection laws in place to help keep programs and accommodations in place in your school system. These include acts like Section 504 of the Rehabilitation Act, IDEA, and ADA. These laws can be difficult to understand, mainly because they overlap each other. 

Each act protects a variety of the same rights, but they expand on each other. We will go into more detail about these as well as some other helpful resources below. 

Laws Protecting Students with Disabilities

In 1973, the Rehabilitation Act was signed into law. This was the first act proposed to ensure disabled Americans could not be discriminated against. This was the first step of many to be taken to protect the rights of disabled citizens. 

Section 504 of the Rehab Act was written to protect the rights of disabled Americans participating in any federally funded program including public education.

Section 504 of the Rehab Act

This particular section states that federally funded public schools including preschools and colleges must comply with certain standards. If your child is in a wheelchair, then the school would have to provide your child with accommodation for this. 

Section 504 also states that students with disabilities should be taught with non-disabled students to the greatest extent possible. However, if aids and accommodations can’t operate within the classroom, then the student would be moved to another environment. 

In addition to this, each federal agency issues and enforces its own set of section 504 regulations tailored to their programs. You should be able to request this information from your child’s school. 

These laws in addition to the regulations set forth in IDEA combine to give your child support from birth to age graduation.

IDEA

Individuals with Disabilities Education Act, or better known as IDEA gives your disabled child access to certain intervention services before school age. This can give your child a tremendous head start on their development and education. 

This act also ensures your child can get an individualized special education. Under IDEA schools are required to conduct an evaluation to determine what they can do to meet your child’s needs. Schools are also responsible for creating a written statement of your child’s education program. 

Schools are also required to provide the least restrictive environment possible, as well as offer meaningful opportunities for participation. They are also required to implement safeguards for the parent and student to address disputes. 

These safeguards ensure you are able to participate in meetings about your child. They also ensure you have access to your child’s education records, as well as their individual education plan.

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The Americans with Disabilities Act was signed into law in 1990. This act states that schools must appoint an ADA coordinator and have a grievance procedure in place.

An ADA coordinator is responsible for ensuring the student’s school district is in compliance with regulations. They are also responsible for investigating any complaints about the entity violating these regulations. 

This gives you an advocate for your child. Should you feel that your child has faced discrimination, you should first reach out to them. 

If you feel like your school’s ADA Coordinator has not properly handled your complaint and you’ve followed all grievance guidelines, you could reach out to an attorney. Learn more about your options here. 

Anti-Bullying Laws

If your child has been bullied, you may be covered under these laws. Anti-bullying laws vary from state to state. You can find out more about your state’s laws by visiting the StopBullying website. 

In general, these laws protect students from verbal and physical abuse. They also protect them from students spreading rumors or other unwanted and aggressive behavior that involves a power imbalance. 

Your school might also have their own anti-bullying policies in place. You can more than likely find these in the parent’s guidebook or policy guidebook. You should also be able to request a copy of the policies from the school. 

Other Resources

There are several resources available to help disabled students at all education levels. In addition to the Rehab Act, IDEA, and ADA there are several state and local resources that could be available. 

These are often part of church organizations, recreation center programs, or even online programs. They can help with a number of different issues, including additional tutoring and educational help. They can even help you find more information on your child’s rights. 

Local programs often have programs tailored to parents to help give them a little bit of relief. These programs can include your child having time with a certified caregiver that can help with your child’s education. During these times they work with you to provide you with information to better understand your child, their needs, and their rights.

The US Department of Educations website has an extensive list of resources available to parents, students, and school administrators. 

Learn More With Us 

We hope you have a better understanding of the laws protecting students with disabilities. It’s our goal to make sure you are well informed in all aspects of your life. We have a wide selection of topics on our blog, be sure to check them out. 

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