Copyright 2016. Brighton Center for Pediatric Neurodevelopment. All rights reserved.
If your child has been diagnosed with a developmental delay, autism spectrum disorder, ADHD, or a learning disability, you may have questions about what legal rights and protections are afforded to your child in an educational setting. Keeping up with all the changes in the laws and regulations can be overwhelming. However, there is assistance available through the Brighton Center for Pediatric Neurodevelopment.
Assistance in creating a classroom curriculum conducive for children with Autism Spectrum Disorder.
Assistance in developing classroom management strategies and behavioral plans.
Assistance for parents and professionals with Individualized Education Program (IEP) meetings (including attending meetings and helping to develop IEP goal) sand educational advocacy.
Classroom observation, Functional Behavior Analysis (FBA), Behavior Intervention Planning (BIP), and informal assessment.
Assisting in supporting parents with Special Education Laws. Helping parents to navigate through the educational system.
Providing parents advocacy to obtain optimal services for your child.
Helping parents to determine the best possible placement for their child in an educational setting.
Fighting for students’ rights:
Advocates are specially trained individuals in disability law. While they are not lawyers, one of their chief responsibilities is to stay current with the regulations that affect children in an educational setting. An Advocate’s role is to represent the student and parents in any meetings with school administrators. In these meetings it is important for the Advocate to identify the problems the child is having at school and home, assist in the determination of accommodations for the child and ensure implementation by the educational institution.
Deciphering the Laws Governing Special Needs Children:
There are two laws that govern children who have been identified with disabilities: Section 504 and the Individuals with Disabilities Education Act (IDEA).
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities if the educational institution receives federal funding. It ensures that children identified with a disability have equal access to an education. Children under Section 504 can receive accommodations and modifications. Examples of accommodations can include sitting a child at the front of the class, testing in a quiet room, additional time to complete a test or work, or reducing the number of questions a child has to complete. Section 504 does not require the school to provide an individualized educational program (IEP) and has fewer procedural safeguards.
IDEA is a voluntary Federal Special Education Act in which states elect to participate to receive federal funds. This law prohibits the discrimination against children with specials needs who are trying to receive a Free and Appropriate Public Education. There is not a specific provision for children diagnosed with ADD/ADHD and they may fall under the “Other Health Impaired” subsection. In order for a child to be governed by IDEA it must be shown that their disability is substantially limiting them from receiving a Free and Appropriate Education. This could include a learning disability, an emotional disability, or more than one clinical disability such as ADHD and Childhood Depression.
IDEA provides an Individualized Education Program (IEP) and is similar to a medical treatment plan. The IEP should include present levels of performance, goals and objectives to address these issues, how those goals will be measured, related services, and directs placement either through testing or observation and qualified measurements of progress. The IEP is reviewed at least once a year to determine the progress of the child, however, a parent can call a review meeting any time if they feel the child is not progressing.
We understand that the academic support process can be confusing and overwhelming and we are here to help.
Please contact us to set up an appointment with an Educational Advocate.