IDEA

The Individuals with Disabilities Education Act is a law that protects and fights for children with disabilities. It provides services just for those disabilities listed in the law. IDEA only applies to children in education programs. A lot of schools would not educate children with disabilities before the creation of  IDEA. Other schools aloud children with disabilities into their classrooms but offered very little services. Children were labeled with behavior problems and ignored, punished or expelled.  all children including those with disabilities are entitled to "free, appropriate public education " under IDEA.  The Law protects children who have disabilities such as: speech , emotional disorders, injury to the brain, physical impairments, learning disabilities, health disorders that impairs energy or alertness in school.

 Under Section 504 more children are protected.  Disability is defined with-in a larger realm.  If your child has any physical or mental condition that seriously limits normal living, a child is protected under 504. 

Under IDEA, a child does not have a right to "related services" unless she also needs special education. Section 504 requires schools to give related services to children who need them.

  Under 504 schools are obligated to make "reasonable accommodations"" This means changing the normal way the school  handles things. Like giving a child extra time on a timed test, giving a child a quiet place to complete work, or even moving a classroom in order to accommodate for wheelchair access.

 Section 504 does not require schools to provide a written IEP. Only children who are also covered by IDEA are entitled to have one.

Getting Involved

What if your child has been evaluated for services under IDEA? The school must meet with you once a year. At this meeting, you will develop an Individualized Education Program (IEP) for your child. The IEP describes the special education and related services he will receive.

The school must make it easy for you to take part in IEP meetings. They must be held at a time and place that is good for you. The school must provide a translator if you need one. If you can't attend, the school must try to find some other way for you to take part in writing the IEP, such as by telephone.

Your Right To A Hearing

On some occasions you may have a dispute with the schools decisions on whether your child has a disability, the school's evaluation of your child, what should go into you child's IEP, or the placement the school offers your child. If so you have the right under IDEA and 504 to a hearing.

You may file a complaint with the State Department of Education, if you don't want a hearing, If you need arbitration, a person whom is impartial will hold a meeting  for dispute management. You may also take your dispute to court.

IEP Rules

The school is required to provide all the agreed services with-in the IEP. The school has aright to make changes to the IEP, if  they notify you in writing. However, they can not finalize the changes with out a new IEP meeting. You have the right to call for a meeting if you would like to review or make new changes in your child's IEP as well.

Free Appropriate Public Education

Your child has the right to free public education that is equal and appropriate. These services are listed under:

Related services

Transportation, physical therapy, counseling, help from a school nurse.  Also, parent training, an aide for one on one instruction. Only a children with that is in need of special education can get related services.

Special education

  Speech , emotional disorders, injury to the brain, physical impairments, learning disabilities, health disorders that impairs energy or alertness in school and  teaching that is specially designed to meet a child's needs.

Other ADD/ADHD Law Resources

Legal Rights and Advocating for your Child

US Department Of Education Office of Education

Top

You are Here: ADD/ADHD Rights
URL of this webpage: http://www.cocc.edu/shannonr/termproject/addrights.htm
Last Updated: 09 June 2002 
© Shannon Rempel, 2002

This webpage was created by a student enrolled in Oregon State University-Cascades Writing 316-E, Spring 2002, and is intended only for educational use.  The contribution of Central Oregon Community College, which provides web space and server support for this website, is gratefully acknowledged.
Writing 316-E Course Home Page: http://www.cocc.edu/cagatucci/classes/wr316/ 
We welcome comments!  Please address to: cagatucci@cocc.edu