The Law is on Your Side

Fall is here, the leaves are changing colors and kids are all back in school. I know that many of you came into the new school year with concerns about your child and his or her school. Don’t worry. The law is on your side! Please refer to my previous post for a review of the federal laws pertaining to special education, as well as a brief explanation of the historical context for the laws.  

One of the most important things I want to emphasize today is the need to formalize your relationship with the school. This does not mean that you should have an adversarial relationship with the school. On the contrary, you and the school are collaborative partners in educating your child. However, the only way to ensure that your child is receiving appropriate services is to follow the protocols mandated by the federal laws. A number of parents have reported that the school principal or the student’s teachers have said, “Don’t worry, we will take care of your child and make sure everything is OK. We will do whatever we need to do.” As well-meaning as the school’s efforts may be, the only way to be sure that your child is receiving the appropriate services, is for you to do your part in the process. As a parent, your role is critical. You are your child’s best advocate!

The federal disability laws are designed to ensure that a child with a disability receives the services necessary to take full advantage of the educational opportunities being offered. The different disability laws mandate different entitlements, rights, and responsibilities, but each of the laws requires that the school make its educational program accessible to students with disabilities.     

Most children with dystonia will have either an “Individualized Education Plan” (IEP) under the Individuals with Disabilities Education Act (20 U.S.C. §1400, et seq.) or a “504 Plan” under Section 504 of The Rehabilitation Act of 1973 (29 U.S.C. §701, et seq.)  An IEP, in a nutshell, identifies the accommodations and any related services the child needs in order to benefit from the educational program.  A 504 Plan, in a nutshell, outlines the modifications and accommodations the school will provide to ensure that the child has full access to the educational program.  I will discuss these different plans in more detail in a future blog, but for now I want to point out that once implemented, these plans are not carved in stone for the year.  They can be modified, as needed, during the school year. The law does allow for changes to a current year IEP without reconvening the formal IEP team in a meeting, provided the parent and the school agree that no meeting is necessary for the change to take place.  A 504 Plan may similarly be changed during the school year as necessary, with fewer formal procedures. 

Parents are often the first to notice when things are not working out at school. If you find that the accommodations and supports in place are not working for your child, politely request that the IEP team reconvene. You should do this in writing and be specific about your concerns.  This will start the conversation and allow for the school to begin working with you to resolve the problem. As noted above, the team may not need to meet, but your request will start the clock ticking, requiring the school to act.  If your child is under a 504 Plan you should still put your request in writing and ask for a review. The procedural time line is not the same, but the school is not in compliance with the law if the modifications and accommodations in place are not giving your child the same access to the educational program as their nondisabled peers. 

Please remember, parents are natural advocates for their children.  It is important to know the law, stay informed and work collaboratively with the schools.  Until next time . . .

Special Education 101, Section A: Overview of the Federal Laws

When we talk about Special Education in America we are talking about four federal laws:

•Section 504 of the Rehabilitation Act of 1973 (§ 504)

• Individuals with Disabilities Act (IDEA)

• Americans with Disabilities Act (ADA)

• No Child Left Behind Act (NCLB)

Any discussion of the federal laws should begin with the landmark 1954 US Supreme Court case, Brown vs. Board of Education, where the Court struck down the practice of race based “separate but equal” schools. The Court held that “education must be made available to all on an equal basis." This case marked the beginning of the recognition that previously limited or excluded populations are entitled to receive the same societal services and benefits as everyone else, guaranteeing “equal access.”

In 1973, Congress passed a sweeping federal civil rights law protecting people with disabilities, the Rehabilitation Act of 1973.  Section 504 of the Act stipulates that “otherwise qualified individuals shall not be excluded from participating in, be denied the benefits of, or be subjected to discrimination by recipient programs or activities, if that treatment is due to their respective disabilities.”   The law prevents discrimination and gives access to students, employees, and customers of entities that receive federal money, which clearly include public schools.  As a result, today more than 96% of students with disabilities are served in public school buildings.  Section 504 will be the focus of future blog spots.

In 1975, Congress passed a major federal law giving an educational entitlement to all children with disabilities.  The “ Special Education Law” or, as originally passed, the Education for All Handicapped Children Act, Public Law 94-142, states that schools must design individual education  programs for students with a disability that affects his or her educational performance,  and provide  any “related services” the child requires in order to take advantage of the special education programs.  Further, the law requires that the special education program be designed to confer benefit.   While the law remains essentially the same today, Congress has passed a number of amendments to the law.   For example,   in 1990 Congress changed the name of the law to Individuals with Disabilities Act – IDEA.  In 1997 they moved the law’s focus from the implementation of special education programs to assuring a quality special education program with measurable goals to show progress.  In 2004 Congress passed amendments so as to better align IDEA with the new No Child Left Behind Act, with greater accountability requirements for all students, including those with disabilities.   IDEA remains as strong as ever today, and is the primary special education law in public schools.  It will be the focus of many future blog spots.

In 1990 Congress passed the Americans with Disabilities Act, prohibiting discrimination in services, programs and activities provided by state and local governments and all businesses, public and private with 15 or more employees.   The law prevents discrimination and gives access to people with a disability not just to entities that receive federal money, but also to private entities.

In 2002, Congress passed the No Child Left Behind Act mandating that all students, including student groups based on poverty, race and ethnicity, disability and limited English skills, meet specific academic benchmarks.  The law is designed to promote equal academic proficiency.

You may have noticed the common thread that began with Brown vs. Board of Education and continues in this series of laws to this day.  It is equal access, which includes physical access, educational access and access to education programs that will promote academic proficiency.    You will hear a lot about these laws in more detail in this blog, but this very basic overview helps set the foundation. 

Please remember, parents are natural advocates for their children.  It is important to know the law, stay informed and work collaboratively with the schools.  Until next time . . .

Introduction

Welcome to the Dystonia Medical Research Foundation’s (DMRF) new Special Education blog! We saw many of you at the DMRF Children and Family Symposium in August in Chicago. With this blog we hope to bring you an ongoing primer and conversation about educating children with disabilities, your rights as parents, and suggestions about working with schools.  

We now also have a special email address for you to submit confidential questions or concerns. While we cannot give you specific legal advice, and this blog does not constitute legal advice, we can try to address issues that come up in a general and broad manner and offer some useful information.  

The blog will cover the federal laws pertaining to special education, assistive technology, parent advocacy, transition to college, rehabilitative services, and more. In addition to a schedule of topics, we will also share relevant special education happenings as they come up.  Comments and suggestions are always welcome.  We want this blog to be informative and helpful for you! Contact us any time at dystoniaschool@dystonia-foundation.org

The first six segments of the blog will be Special Education 101: A- F