Special Needs Schools

There are new Federal laws that mandate that each child will receive an appropriate and free education that has the least possible restrictive environment. Three Federal laws apply to children with special needs to support their ability to learn in school: The Individuals with Disabilities Education Act; Section 504 of the Rehabilitation Act of 1973; The Americans with Disabilities Act.

Different states have different criteria for services available, eligibility, and procedures for implementing their laws. It is important for parents to be aware of these laws and regulations in their particular area.

IDEA is a federal law, enacted in 1975 and amended in 1997, that governs all special education services for children in the United States. Under IDEA, in order for a child to be eligible for special education, they must be in one of these categories: physical disabilities, hearing and vision hearing impairments, autism, severe brain injury, mental retardation, learning disabilities, serious emotional problems, or other health impairments.

Section 504 is a civil rights statute, enacted in 1973, that requires that schools provide children with disabilities reasonable accommodations and not discriminate against them. It covers most, if not all, of the activities and programs, whether private or public, that receives federal financial assistance. These reasonable accommodations include modified homework, sitting in front of the class, untimed tests, and the provision of necessary services.
Typically, the children covered under Section 504 have either disabilities that do not fit within the eligibility categories of IDEA or disabilities that are less severe than children covered under IDEA. Under section 504, any person who has an impairment that substantially limits a major life activity is considered disabled. Learning and social development are included under the list of major life activities.

The ADA requires that all educational institutions must meet the needs of those children who have psychiatric problems. The ADA forbids the denial of activities, programs, or educational services to students with disabilities and further prohibits discrimination against all such students.

Your child’s eligibility to receive a wide range of services under the applicable law will be determined as the results of the evaluation. Following the evaluation, an Individualized Education Program (IEP) is developed. Examples of categories of services in IEPs include: Language and speech therapy, physical therapy, and occupational Therapy.

Parents do not determine whether their child is eligible under the law, however, parents are entitled to participate in the development of the IEP. Also, you do have the right to appeal the school’s conclusions and determinations as the results of the school’s evaluation are not final. The school is required to provide you with information about how to make an appeal.