The laws that protect the rights of children with learning disabilities and the remedies available to parents when their rights have been violated.
In a world of standardized testing, increasingly high standards, and rapidly growing technology, parents face many challenges in ensuring that their children receive a good education that will equip them with the skills to be competitive in society. Parents of children with disabilities face a special challenge in making sure that their child not only receives an appropriate education, but that their rights are upheld at the same time. Although many positive gains have been made in the acceptance and accommodation of children with learning disabilities in the public school system, sadly, many parents still find themselves fighting for their child to be treated fairly.
If parents find themselves in a situation where their child is being discriminated against because of a learning disability, there are several important things that they need to do in order to be an effective advocate for their child.
First and foremost, parents need to know the laws that protect their rights and the rights of their children. The Individuals with Disabilities Education Act (IDEA) is the cornerstone of federal protection of the rights of children with disabilities and their parents. IDEA was originally conceived as the Education of All Handicapped Children Act in 1975. It ensures the free, appropriate public education of all children with disabilities ages 3 to 21. It also provides for related services such as assistive technology and adaptive physical education.
Another important law is Section 504 of the Vocational Rehabilitation Act of 1973, which prohibits discrimination because of disability in public or private programs and activities that receive federal assistance. It allows for such programs to lose federal funds if they are noncompliant with this law. Another civil rights law, the Americans with Disabilities Act, was passed in 1990 and protects individuals from discrimination in schools, places of employment, and other settings. More information about any of these laws can easily be found in the public library, on the Internet, or through parent advocacy organizations.
Another important step for parents in advocating for their child is to understand and use the procedural safeguards in place through IDEA. IDEA provides for clearly outlined procedural safeguards, or provisions, which ensure that parents' and students' rights are protected. School districts are mandated by law to provide a copy of these procedural safeguards to parents when their child is initially referred for evaluation for special education, when they get notice of an Individualized Education Plan (IEP) meeting, when their child is reevaluated, and if they file a complaint and request a due process hearing mandates school districts. If at anytime parents feel that a school district is not being compliant with procedural safeguards, they should thoroughly document in detail all occurrences of violations.
Procedural safeguards guarantee parents' rights to obtain an independent educational evaluation if they do not agree with the school's evaluation, receive prior written notice of any actions proposed or refused by the school district, have access to their child's educational records, grant consent before letting a school conduct any evaluations and before initial placement in special education programs, and be able to initiate due process hearings by filing a complaint.
The due process hearing is a very important tool for parents when they have complaints about the services that their child has or has not been receiving and if they feel that they or their child's rights are being violated. When parents file a complaint, their child has the right to continue in their current educational placement throughout the dispute. Schools should not try to punish parents for filing a complaint by suddenly removing a child from their appropriate placement. When a complaint is filed, parents have the option of entering mediation with the school district in an attempt to resolve the differences, however this is totally optional. If parents do not opt to try mediation, or if mediation is unsuccessful, then a hearing takes place with an impartial hearing officer. Once the hearing officer makes a decision, if either party is dissatisfied with the ruling, they have the right to file an administrative appeal with the state education department. If the state education agency does not overturn the hearing officer's decision, then either party retains the right to file a civil lawsuit. If a family files a civil lawsuit and wins, then IDEA provides for the reimbursement of their attorney's fees.
Another important step for parents is to take their advocacy public. By writing and calling local public officials and legislators, parents can bring attention to the difficulties that children with learning disabilities face in the school system. They can also write letters to the editor of their local newspaper, and contact print and media journalists and offer to share their experiences. Parents should also seek out local and national parent organizations that focus on assisting families with children with disabilities. These organizations can offer a wealth of resources and support and by uniting with other parents with similar concerns, the voices of can be strengthened and heard.
