How the Law Protects Your Childs Education and Their Future
March 30, 2021
Getting comprehensive education that you and your child feel good about doesn’t have to be a battle. Your special needs child is protected by three Federal laws that apply specifically to children with special needs: The Individuals with Disabilities Education Act (IDEA) (1975), Section 504 of the Rehabilitation Act of 1973, and The Americans with Disabilities Act (ADA) (1990).
The ADA prohibits the discrimination of your child’s condition and the denial of the educational services that your child needs. In addition to receiving adequate education like every other student, the law entitles children with special needs to receive additional services or accommodations through the public schools.
How can you take steps toward protecting your child’s educational rights and investing in their future?
The ADA allows you as a parent to go to your child’s school and request an evaluation of your child to determine his or her needs for special education and related services. This evaluation helps determine your child’s educational requirements by including psychological testing, speech and language evaluation, occupational therapy assessment, and behavioral analysis. Following the evaluation, if your child is eligible, an Individualized Education Program (IEP) is developed. While parents cannot legally determine their child’s eligibility, you can work with your child’s teachers in developing the IEP.
What is essential to remember and what we at the Law Office of Stuart M. Nachbar are passionate about helping parents understand is that the findings of the school’s evaluation team are not final. You as the parent have the right to appeal the school’s conclusions and determination. In fact, your child’s school is required to provide you with information about how to make an appeal.
Children with special needs are entitled to specialized services in school under federal and state laws. According to Special Education Guide, your child is entitled to “Free and Appropriate Education” in the “Least Restrictive Environment.” This means that every student can legally obtain an education that is based their unique needs, and that you as the parent are not required to cover the costs. As a legal professional with 20 years of experience in special needs law, Stuart M. Nachbar, Esq. is here to help you advocate for your child.
If you’re wondering how to stand up for your child’s rights, we’re here to help you be proactive
and take the steps necessary to make sure your child receives appropriate services.
If the school district refuses services under the IDEA or Section 504 or both, you may choose to challenge this decision with a legal advocate who can help express your views and concerns.
If you decide to appeal a school’s decision, it’s advisable to have an experienced and compassionate attorney at your side. Stuart M. Nachbar, Esq understands the care and attention that your child requires and the importance of securing an educational environment that meets their needs. Let’s work together to make that happen! Call us or contact us online. Let’s make 2019 the year your child gets the customized education and the potential-filled future that he or she needs and deserves!