Navigating the educational system can be challenging, especially for parents of children with special needs. In the United States, strong laws and regulations ensure that children with disabilities get the support and services they need to thrive in school. These educational rights were largely achieved through the efforts of parents, advocacy groups, and the civil rights movement in the past century. When parents understand these laws well, they can advocate more effectively for their child and contribute to ongoing improvements in disability rights.
The Individuals with Disabilities Education Act (IDEA)
The IDEA stands as the foundation of special education law in the United States. Established in 1975 and reauthorized several times since then, IDEA guarantees that all children with disabilities have access to the same educational opportunities as their peers without disabilities.
Key Components of the IDEA
- Free Appropriate Public Education (FAPE): Schools must provide a tailored education, including special services, to meet the unique needs of eligible children with disabilities, at no cost to parents.
- Child Find System: States must actively locate, identify, and evaluate all children with disabilities to determine their eligibility under the IDEA.
- Individualized Education Program (IEP): This a specialized plan that identifies the student’s educational objectives, the services they will receive, and any necessary accommodations or modifications to their instruction or learning environment.
- Least Restrictive Environment (LRE): Schools must consider placing students with disabilities in general education settings with their peers to the maximum extent possible.
- Procedural Safeguards: These protect the rights of students and ensure parents are involved in decisions, including notice, consent, reasonable timelines, and the right to due process.
- Early Intervention Services: Available for infants and toddlers with disabilities, including various therapies, family support, and medical services to support development.
Section 504 of the Rehabilitation Act of 1973
Section 504 prevents discrimination based on disability in any program or activity that gets federal funding. In education, it mandates that schools offer equal access and accommodations to all students with disabilities, whether or not they qualify for special education under IDEA. This applies if the disability significantly limits their educational or social activities. Schools must ensure physical accessibility and modify programs or provide reasonable accommodations. If a student is referred, a team can evaluate whether their disability substantially affects their education. A 504 Plan, sometimes called an individualized accommodation plan, is then developed to specify the services, acommodations and placement that the student needs to access instruction.
Americans with Disabilities Act
The ADA builds upon Section 504 by prohibiting discrimination against individuals with disabilities not only in federally funded programs but also in private employment and businesses that serve the public. Its aim is to enable people with disabilities to participate fully in their communities, live independently, and achieve self-sufficiency by eliminating barriers to mainstream life. For schools, the ADA mandates equal access to educational opportunities and services for students with disabilities.
Every Student Succeeds Act of 2015
The Every Student Succeeds Act (ESSA) of 2015 is a federal law that reauthorized the No Child Left Behind Act (NCLB). ESSA aims to ensure that all students have access to a quality education by setting high standards and providing support to states and local school districts. Key provisions of ESSA include:
- State Standards and Assessments: Requires states to establish academic standards and assessments aligned with core subjects, ensuring that all students, including those with disabilities, are included in statewide assessments.
- Accountability and Support: Holds schools accountable for student performance and provides support to improve educational outcomes for all students, particularly those from disadvantaged backgrounds.
- Evidence-Based Practices: Educational programs and interventions need to demonstrate effectiveness based on rigorous scientific research.
- Educator Quality: Ensures that teachers are highly qualified to teach core subjects through certification or licensure requirements.
Understanding these special education laws is crucial for families advocating for their children with disabilities. By familiarizing themselves with IDEA, Section 504, ADA, and ESSA, families can effectively collaborate with educators and school administrators to ensure their child receives the appropriate supports and services needed to succeed academically and socially. These laws provide a framework of rights and protections that aim to ensure all children, regardless of disability, have access to a quality education and the opportunity to reach their full potential.
References:
Yell, M. L. (2019). The law and special education (5th ed.). Pearson.