Special Education – The Law is on Your Side

Help is available– and the law is on your side. Its promise is simple: Every child counts. Every child is entitled to an education. Every eligible child with a disability is entitled to a “special” education – one that confers “meaningful benefits.” That is what Congress has said. That is what the United States Supreme Court has said.

The law protects every child. The law protects you as your child’s parent.

Individualized Education Plan (IEP) – Every special-education student must have an Individualized Education Plan (IEP) developed by a team that includes parents, teachers, school administrators, and other professionals. An IEP establishes educational goals and describes the special services that will be provided to the student.

Due Process – Special-Education law provides many due-process hearing and appeal procedures.
“Section 504″Classroom accommodations are available to many students (K-12 and college) who have disabilities.

There are only five modes of communication that can lead to a disability; they are auditory, visual, verbal, nonverbal and tactical communication.

If your child’s disability is affecting their education, they may be eligible to receive services under the IDEA (Individuals with Disabilities Education Act) or Section 504 of the Rehabilitation act of 1973. The IDEA requires public schools to locate and identify children with disabilities who may need specialized education. These children must “have available” to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs” 20 U.S.C. sec. 140(d). Children with disabilities must “to the maximum extent appropriate [be] educated with children who are not disabled” 20 U.S. C. 1412 (e)(5).

Many parents find themselves in a situation where their child is either struggling academically or having discipline problems in school. Often times, there maybe an unidentified disability causing these problem. If they do have a disability that is negatively affecting their education, they would likely benefit from special education services.

Special Education services may include:
Occupational therapy
Speech and language therapy
Resource specialist programs
Modification of the regular education programs
Special day classes
Non-public schools
Residential treatment, and many more.

If you believe your child will benefit from special education services call a professional. Your child only goes through their education process once, so give your child the best chance for the future by making sure they have the type of education that helps them learn and succeed. Nothing is more important to their future.

10 Things You Should Know About Education Law

If you’re involved in education, then you probably know already how important education law is. If you are new to the education sector, or are now dealing with education establishments, here’s what you need to know.

1. Education establishments such as schools and universities still have the same accountability as other organisations, and so will need to be just as organised in terms of the management, as well as educationally.

2. The health and safety of the pupils and staff is of paramount importance, especially when carrying out experiments, or whilst on trips. The relevant rules and regulation will have to be followed to the letter so that there is no risk of any accidents or injury.

3. Pupil discipline is often in the news, and it’s essential that staff know how to deal with unruly pupils, and their parents, in accordance with school policy and the law.

4. Employment laws are still applicable in a school or university, and so you’ll need to make sure that like pupils, the staff are not subjected to instances of bullying or discrimination, and that any instances are taken seriously.

5. You’ll need to make sure that recruitment policies are fair, and comply with the law. It’s important to remember that potential staff might need to have additional checks carried out on them, and that qualifications and experience are verified.

6. Although you’re not a standard sort of company, you’ll need to make sure that all paperwork, contracts and policies comply with relevant laws, rules and regulations.

7. Schools and universities will be dealing with many suppliers and so might need help with contracts and ensure that they get best value for money. Education law solicitors can help with this.

8. Some schools receive donations and funding, and it’s important that this is all documented properly and that the paperwork is properly filled in and that relevant forms have been submitted properly.

9. You might be involved in estate management, and want to make sure that if you’re buying and selling land that everything is legal and in the best interests of the school.

10. If you’re involved in education construction projects, then you’ll need to be aware that normal planning permission and environmental laws still apply, so you’ll have to make sure that all aspects of the project are legal.

Now you know more about education law, and how it might affect you, perhaps you need the services of an experienced education law solicitor.

Special Education Laws

Special education refers to the education of children with physical disorders or disabilities, psychiatric disorders, emotional distress, behavioral disorders, and learning disorders. Traditional educational techniques or school programs do not sufficiently meet the requirements of these children. Children with special education needs are guaranteed rights to services in schools under federal and state laws. These laws include Americans with Disabilities Act (ADA), Section 504 of the Vocational Rehabilitation Act, Individuals with Disabilities Education Improvement Act (IDEA 2004), Individuals with Disabilities Education Act of 1997 (IDEA 1997), and No Child Left Behind (NCLB). These laws guarantee special education programs and financial assistance for disabled children and youth in the United States.

The Individuals with Disabilities Education Act (IDEA) of 1997 is a federal law that governs all special education services for children in the United States. The major objective of IDEA is to provide free and appropriate public education in the least restrictive environment. The IDEA 2004 is a revision or reauthorization of IDEA 1997, which preserves the civil rights guarantees of IDEA 1997, but makes substantial changes regarding how schools determine whether a child has learning disability and needs special education services. Services to very young children, i.e., infants and toddlers, are also covered under the IDEA. Section 504 of the Rehabilitation Act of 1973 is a civil rights legislative act, which proscribes discrimination against children with disabilities and provides them with reasonable accommodations. Under section 504, any person who has an impairment that substantially limits a major life activity is considered disabled.

The Americans with Disabilities Act (ADA) commands all educational institutions to meet the needs of children with psychiatric problems. In the United States, procedures for the implementation of the Federal laws and procedural safeguards are different in different states and therefore parents should have a good knowledge of the rules and regulations in their particular area. For any assistance, parents can always contact the regional office of the U.S. Department of Education Office for Civil Rights.