Understanding the Laws: IDEA, 504, ADA
Your child is struggling at home and school or has been medically diagnosed with a disability. Now what?
Today we're going to discuss children who are of school age, which can range from 3-21 (the upper age may vary from state to state) and the current laws that protect them . This is going to be an overview and a topic we will revisit many times. It can be overwhelming, so we'll take it slow!
First, it is important to familiarize yourself with laws that may pertain to your child and what each entails.
-IDEA (Individuals with Disabilities Act of 2004) is a federal special education law ensuring services to children with a disability. This law governs how states and public agencies provide early intervention, special education and related services to children (birth to 21) with a disability.
-Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law to stop discrimination against people with disabilities. It guarantees that a child with a disability has equal ACCESS to an education and that it is comparable to an education provided to those who do not have a disability.
-ADA (Americans with Disabilities Act) is the most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees people with disabilities the same opportunities as everyone else to participate in the mainstream of American life
If you are confused about what your child's needs may be, it's ok. This is certainly more of a marathon than a sprint and it may take time for everyone involved to figure out what support your child needs. Over time their needs may change, so at this point it is helpful to begin to have a basic understanding of what these laws mean and how your child may have access to an appropriate education. The two we will focus on today are IDEA and Section 504.
Under IDEA, a child's school performance and/or ability to learn and benefit from the general education curriculum must be "adversely affected" by one of these 13 conditions:
-Specific Learning Disability (some examples: dyslexia, auditory processing disorder, dysgraphia)
-Other Health Impairment (some examples: ADHD, Tourette Syndrome, diabetes, epilepsy)
-Autism Spectrum Disorder
-Emotional Disturbance
-Speech or Language Impairment
-Visual Impairment, including blindness
-Deafness
-Hearing Impairment
-Deaf-Blindness
-Orthopedic Impairment
-Intellectual Disability
-Traumatic Brain Injury
-Multiple Disabilities
Wondering what "adversely affects education performance" entails? It can incorporate many different aspects of education: performance, behavioral challenges, social skills, and impaired work skills to name a few.
If you or your child's teacher suspect your child has any disability which is adversely affecting their educational performance, you or the staff at the school have the right to request an evaluation for special education. If your child has already been medically diagnosed and you feel their performance is being adversely affected, you may request an evaluation to further assess their school performance and needs.
Under Section 504, a child must have a disability that interferes with their ability to learn in a general education classroom. Children who qualify for a 504 plan have a normal ability to learn academically. They may have a mobility impairment (for example, a wheelchair), medical condition such as epilepsy, ADHD, food allergies (among others), or frequent referrals for behavior challenges or is under a physician's care for a psychological condition such as anxiety or depression.
If you're feeling overwhelmed with this information, you're not alone. I currently have one child with a 504 plan and one with an IEP. Even with a degree in special education, it was a challenge to get to this point. Process through this and we'll address the next step (writing a letter requesting an evaluation) in the next post. If you have any questions, please feel free to ask!
Today we're going to discuss children who are of school age, which can range from 3-21 (the upper age may vary from state to state) and the current laws that protect them . This is going to be an overview and a topic we will revisit many times. It can be overwhelming, so we'll take it slow!
First, it is important to familiarize yourself with laws that may pertain to your child and what each entails.
-IDEA (Individuals with Disabilities Act of 2004) is a federal special education law ensuring services to children with a disability. This law governs how states and public agencies provide early intervention, special education and related services to children (birth to 21) with a disability.
-Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law to stop discrimination against people with disabilities. It guarantees that a child with a disability has equal ACCESS to an education and that it is comparable to an education provided to those who do not have a disability.
-ADA (Americans with Disabilities Act) is the most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees people with disabilities the same opportunities as everyone else to participate in the mainstream of American life
If you are confused about what your child's needs may be, it's ok. This is certainly more of a marathon than a sprint and it may take time for everyone involved to figure out what support your child needs. Over time their needs may change, so at this point it is helpful to begin to have a basic understanding of what these laws mean and how your child may have access to an appropriate education. The two we will focus on today are IDEA and Section 504.
Under IDEA, a child's school performance and/or ability to learn and benefit from the general education curriculum must be "adversely affected" by one of these 13 conditions:
-Specific Learning Disability (some examples: dyslexia, auditory processing disorder, dysgraphia)
-Other Health Impairment (some examples: ADHD, Tourette Syndrome, diabetes, epilepsy)
-Autism Spectrum Disorder
-Emotional Disturbance
-Speech or Language Impairment
-Visual Impairment, including blindness
-Deafness
-Hearing Impairment
-Deaf-Blindness
-Orthopedic Impairment
-Intellectual Disability
-Traumatic Brain Injury
-Multiple Disabilities
Wondering what "adversely affects education performance" entails? It can incorporate many different aspects of education: performance, behavioral challenges, social skills, and impaired work skills to name a few.
If you or your child's teacher suspect your child has any disability which is adversely affecting their educational performance, you or the staff at the school have the right to request an evaluation for special education. If your child has already been medically diagnosed and you feel their performance is being adversely affected, you may request an evaluation to further assess their school performance and needs.
Under Section 504, a child must have a disability that interferes with their ability to learn in a general education classroom. Children who qualify for a 504 plan have a normal ability to learn academically. They may have a mobility impairment (for example, a wheelchair), medical condition such as epilepsy, ADHD, food allergies (among others), or frequent referrals for behavior challenges or is under a physician's care for a psychological condition such as anxiety or depression.
If you're feeling overwhelmed with this information, you're not alone. I currently have one child with a 504 plan and one with an IEP. Even with a degree in special education, it was a challenge to get to this point. Process through this and we'll address the next step (writing a letter requesting an evaluation) in the next post. If you have any questions, please feel free to ask!
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