Disabilities, IDEA and Section 504
Children with behavioral, emotional, and mental disabilities sometimes behave badly and can even be violent. If this happens at school, are the parents responsible? Recently, a teacher injured by a child filed a lawsuit against parents, alleging that Parents were responsible.
A multi-chapter resource about how interactions between parents of children with disabilities and school districts can go wrong in so many ways: refusal to evaluate a child; inadequate IEP; not carrying out the IEP; harassing or bullying the child; refusing access to extracurricular activities; and many more. This frustrates parents and students. When this happens, what can you do?
How do you support your child with disabilities? In what ways is the school district required to help? Navigating the maze of IDEA and Section 504 can be intimidating. Some of the work you can do on your own (see the blog series “Access to Justice for My Child with Disabilities”) but there are also ways an attorney can help.
Even when schools put in place an IEP or Section 504 plan for your student, they may not address extracurricular access. This can make it hard for your student to participate in extracurricular events. After a government report found that students with disabilities do not have equal opportunities to participate in extracurricular activities, the Office for Civil Rights issued Section 504 guidance.
How much effort do schools have to make to get a parent to an IEP meeting? The Ninth Circuit answered this question in June of 2013 in a Hawaii case, Doug C. v. State of Hawaii Dep’t of Education.
Parents (and even educators) are often confused about the difference between a 504 plan and an IEP, and when each is appropriate. To choose between them, first the school and parents must find out whether the student has a disability as defined by statute. Then, they must decide what the school’s educational obligations are under each statute. The school must meet its obligations to provide a student with a disability the appropriate educational support. Finally, parents should know that their rights are different under each statute.
Learn more about the definition of a Resolution Session and access our clickable chart on educating children with disabilities. Let us help you navigate the maze!
Learn more about the definition of a Procedural Safeguards Notice and access our clickable chart on educating children with disabilities. Let us help you navigate the maze!
Learn more about the definition of a Prior Written Notice and access our clickable chart on educating children with disabilities. Let us help you navigate the maze!