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IDEA and Your Child"s Rights

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Children and young adults with disabilities deserve fair treatment and access to education as much as everyone else. Unfortunately, our nation's schools have not always done the best job possible in meeting each student's individual needs. When children do not have access to the resources they need for success, they can become frustrated, isolated, and may even give up pursuing their goals.

In 1975, the US Congress took a first step towards addressing this problem by passing the Education for All Handicapped Children Act. This important legislation mandated that public schools had to provide individualized services to any students who may need them. In 1990, the name of the Act was changed to the Individuals with Disabilities Education Act, commonly known as IDEA. Since then, IDEA has been updated many times to address the changing needs of our nation.

If your child has been diagnosed with a physical or mental disability, you may know that securing an education for him or her is not always easy. Until your child is old enough to speak up for himself or herself, you will need to play the role of his or her advocate while dealing with schools and other facilities. In order to achieve this, you need to be fully familiar with your child's legal rights.

Children's Rights under IDEA

A student qualifies for protection under IDEA if he or she has been diagnosed with a disability that affects his or her education and requires assistance in order to learn. In addition, he or she must be between the ages of 3 and 21 (there is additional legislation concerning opportunities for children under 2, but it is covered by a separate part of the Act.)

Under the law, qualified children are entitled to:

  • An opportunity to receive a public school education at no cost to their parents (beyond the typical taxes all citizens pay, of course). This right is extended to all American children regardless of their level of ability.

  • A comprehensive evaluation if their parents, teachers, or doctors suspect that they are suffering from a physical, developmental, or behavioral disorder. This evaluation must be conducted by a team of qualified professionals, and must be offered at no cost to parents.

  • The development of an individual educational plan (IEP) if he or she is diagnosed with a disability that requires educational assistance. Your child's IEP will specify the accommodations that he or she requires, such as physical therapy, a small classroom environment, lessons in cued speech or speech reading, and so on.

  • A re-evaluation every three years to determine whether the IEP needs to be modified.


 

To help your child, it is important to work closely with his or her educators. You need to be fully educated about his or her diagnosis, treatment options, educational abilities, and legal rights.

If your child has been diagnosed with a hearing loss, early treatment can make a profound difference in his or her life. For information about children's hearing aids and other treatment options, contact HearingPlanet.

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