What you need to know - Educate and Empower Yourself and Your Child
There are some laws that you might already know about, and if you don't, you might want to learn about.
 Laws
The Individuals with Disabilities Education Act (IDEA) and 2004 amendments, entitles students with disabilities to a free and appropriate public education in the least restrictive environment. If your child already have an Individualized Education Program (IEP), s/he should be an active participant in IEP meetings. Make sure by age 16, a statement of needed transition services that includes interagency responsibilities and linkages is included and services have begun.
Click on these links for more information on IDEA and transition:
The Rehabilitation Act of 1973, in particular, Section 504, and amendments protect the rights of persons with disabilities in any federally funded entity (including elementary, secondary and postsecondary institutions). If your child doesn't have an IEP but may need some accommodations, a 504 plan may be just what is needed.
If your child is going on to postsecondary education (college, trade school) it is important to know about Section 504. And it is also important for to know that there are services at most postsecondary institutions that can assist students with disabilities to identify and implement needed supports and accommodations. However, once your child exits high school, s/he must be eligible for services. There are usually people who can help you figure out how to go about it.
Remember that no accommodations will be made on your behalf unless you initiate the process by disclosing your need. You are no longer entitled to them as you were under IDEA.
Click here to learn more about Section 504.
For more on postsecondary education and persons with disabilities, visit the The George Washington University
HEATH Resource Center.
Another particularly important law for you to know about is the Americans with Disabilities Act (ADA). If your child is a qualified individual with a disability, it prohibits discrimination on the basis of disability in employment, services rendered by state and local governments, places of public accommodation, transportation, and telecommunications services. Some things you should know about the ADA's employment provisions include:
- The ADA requires equal opportunity in selection, testing and hiring of qualified applicants with disabilities
- The ADA prohibits discrimination against workers with disabilities
- The ADA employment provisions apply to private employers, State and local governments, employment agencies, labor organizations, and joint labor-management committees
- The ADA requires equal treatment in promotion and benefits
- The ADA requires reasonable accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship"
- Employers may not make pre-employment inquiries about an applicant s disability or conduct pre-employment medical exams. They may ask if applicants can perform specific job functions and may condition a job offer on results of a medical exam, but only if the exam is required for all entering employees in similar jobs
Click here to visit the U.S. Department of Justice Americans with Disabilities Act home page
Click here for an overview of all three: ADA, IDEA and Section 504
back to top
A bit more about the difference between entitlements and eligibility
In the K-12 school setting, if your child is having difficulty in school, you or school personnel can ask for an evaluation to determine the presence of a disability and if special education and related services are necessary to help your child succeed in school. If the results indicate the presence of a disability, an IEP is developed to establish measurable annual goals and to identify the special education and related services and supplementary aids and services the public agency (school) will provide for her/him. It is the school's responsibility to identify and meet your child's needs. S/he is entitled to these services.
Eligibility is a different concept entirely. IDEA does not apply to students once they leave high school. After your child leaves high school and continue her/his education or enter the world of work, s/he is eligible to receive accommodations if s/he is qualified individual with a disability. If your child needs services or accommodations, s/he is responsible for the identification of a need the commencement of services.
This shift in responsibility - from the school to your child - usually takes people by surprise, and sometimes they find that they are not prepared to take on this new role. We don't want that to be the case for you and your child, which is why we are mentioning it here and providing you some resources to help you learn about what lies ahead.
One of the best things you can do for your child now to help you navigate this new system as s/he moves into adulthood is to learn about these laws and how they impact you and your child. Find resources that can assist her/him you with transition, and use every opportunity available to learn and practice advocacy skills.
back to top
<< return to the parent's What you need to know homepage |
