By Lateefah S. Williams, Esq.
Fair treatment of students with disabilities in schools remains a critical issue for parents, educators, and advocates alike. Federal laws like the Individuals with Disabilities Education Act (IDEA), among others, offer some key protections to make sure children with disabilities receive necessary support without discrimination or unfair discipline. Understanding these rights can help parents advocate for their child’s best interests.
1. Right to a Free Appropriate Public Education (FAPE)
While IDEA ensures the right to a FAPE, this does not mean schools must provide every possible service—only those that are necessary for the child to receive an appropriate education. There is a lot of leeway in the word “appropriate.” However, it’s important to note that the Courts have ruled that a FAPE requires meaningful progress in light of the child’s unique circumstances.
2. Protection Against Discriminatory Discipline
Students with disabilities are protected from receiving unfair discipline for behaviors associated with their disability. Schools cannot suspend or expel a student for more than 10 days without completing a Manifestation Determination Review. This identifies if the behavior was a result of the student’s disability, and, if so, the school must make adjustments to the student’s Individualized Education Program (IEP) or Behavior Intervention Plan (BIP) and not give harsh discipline.
3. The Right to a Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP)
If a student has significant recurring problem behaviors, parents have the right to have an FBA to determine the function of that behavior. Then, with that information, they can develop a BIP that offers positive ways of teaching the student how to conduct themselves. Their needs can thereby be addressed by using appropriate adaptations in response to the student’s actions rather than punish them harshly for behavior that is a manifestation of their disability.
4. Section 504 and the ADA
In addition to IDEA, students with disabilities also fall under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). These acts prohibit discrimination, which includes requirements to provide accommodations if a school fails to deem a student as qualifying for special education under the requirements of the IDEA.
5. The Right to Challenge School Decisions
Still, schools must provide services, accommodations, and support, that are essential in the IEP process. Parents can oppose any move of the school if they believe it infringes on their child’s rights through an IEP meeting, filing a complaint with the Office of Civil Rights, filing a due process complaint, or other legal action. Attorneys can represent parents in IEP and eligibility meetings. If a school fails to adhere to an existing IEP or does not evaluate a child despite evidence of a qualifying disability, parents can file a due process complaint.
Final Thoughts
Parents who want to make sure their child thrives in school should learn all they can about legal protections for students with disabilities. Knowing their rights and their child’s rights under the IDEA, Section 504, and the ADA empowers parents through effective advocacy, in collaboration with the schools, to offer a supportive learning environment.
