Legal Protection of Children’s Educational Rights

Federal laws protect children with learning disabilities and physical or health limitations that keep them from participating in regular educational programs. All public schools and some private schools must provide appropriate services to children with disabilities.

The three main federal laws that may apply to your child:

1. Individuals With Disabilities Education Act (IDEA)
2. Section 504 of the Rehabilitation Act of 1973 (Section 504)
3. Americans with Disabilities Act (ADA), passed in 1990.

• IDEA applies to all public schools and to children with specified disabilities or special needs. A child with a brain tumor might be classified as having “traumatic brain injury” or other health impairment, which adversely affect their performance. Your child is entitled to an evaluation, resulting in an “Individualized Education Plan” (IEP), detailing your child’s needs and accommodations the school will make.
• Section 504 applies to schools receiving federal funds – public or private. It prohibits discrimination against a child or individual with disabilities, and a child with special needs is entitled to appropriate education with accommodations.
• Early intervention programs entitle children up to age three, who are experiencing life-threatening illness and treatments to free services such as physical and occupational therapy, speech therapy, and special instruction. The family may be entitled to services as well. Your state health department is typically responsible for early intervention programs. Following assessment, an Individualized Family Service Plan (IFSP) will be developed by the early intervention team with the parent or guardian.
• ADA (Americans with Disabilities Act) is the most general of the federal laws. While it does not deal directly with schools or children’s educational needs, it may help in guaranteeing that your child gets the required support.

Getting your child the help he or she needs can be a complicated and frustrating experience. Remember you are not alone. Other families are in your community to help you. There are also social workers and agencies specializing in helping parents deal with schools.