Verified by 
As parents gather the seemingly endless list of items demanded on back-to-school lists, rejoice at their newfound freedom, or grieve the lost time with their children, some families struggle with the stress and uncertainty of advocating for a child with a disability. According to the National Center for Education Statistics, 14% of all public school students receive special education services to address a learning or other disability. That's probably an underestimate of the actual number of children in need of special services, given that many children eligible for special services do not receive them. Some are even unfairly denied such services.
If your child has a learning disorder, mental health diagnoses, or other qualified disability, he or she is entitled to fair treatment at school. Unfortunately, getting your child the services he or she deserves is often a long and drawn-out battle that demands zealous advocacy and a willingness to educate yourself about your child's rights.
If your family is concerned about how your disabled child will adjust to school this year, here are five vital facts that can help you become a better advocate.
Disability-Based Discrimination is Illegal
Under a number of federal laws, discriminating against your child on the basis of his or her disability is illegal, and some states have enacted additional protections. If you believe your child has been the victim of discrimination, you need to document the discrimination, then consult a lawyer who specializes in educational and disability law. Oftentimes, hiring a lawyer actually reduces conflict because it provides you with an advocate who can work directly with the school.
Not sure what counts as discrimination? The law can be murky. Here are some examples:
-Telling your child that he or she cannot attend school because of a disability.
-Excluding your child from activities based solely on a disability. For example, it's discriminatory to tell a child in a wheelchair that he cannot participate in PE.
-Penalizing your child for his or her disability. For example, lowering a child's grade because his colorblindness makes him unable to identify colors, or punishing a child for being disrespectful when Tourette's syndrome makes it impossible for him or her not to have outbursts are both illegal.
Note that the discrimination line can sometimes be murky. Teachers are allowed to set reasonable behavioral expectations, even if a disability—such as ADHD or oppositional defiant disorder—makes it more difficult for a child to meet these expectations. Discrimination occurs when a disability makes compliance truly impossible, or when a disability is used as the sole basis for excluding, berating, or punishing a child.
A Disability Does Not Have to be Visible
When most people think of disabled children, they picture children with chronic physical illnesses, or those who spend their time in a wheelchair. But most children receiving disability services actually have invisible disabilities—mental illness or learning disorders, for example. The law does not differentiate between mental and physical disabilities, and your child does not have to be incapable of functioning, severely ill, or otherwise exhibit significant outward signs of disability. Instead, your child need only have a condition that inhibits his or her ability to function in one or more important life areas.
The law does not list specific disabilities that are covered, since a condition might be disabling to one child and not to another. For instance, a child with mild ADHD might not need disability services one year, but then need those services the following year. The Department of Education does, however, offer some guidance, and recently clarified that ADHD is covered under federal disability laws.
Your Child is Entitled to 'Reasonable Accommodations'
A number of federal laws entitle children with disabilities to reasonable accommodations in education. These accommodations should be designed to offset the effect of the disability, but cannot fundamentally alter the educational program. For example, allowing a child additional test-taking time would be considered a reasonable accommodation, but eliminating grades and requiring no objective measures of progress would not.
Every child needs different accommodations, and your child's school should work with you to find the accommodations that best suit your child's needs. A one-size-fits-all checklist of accommodations is not enough; there are hundreds of disabilities, and thousands of ways to accommodate them, so talk to your child's care provider about what might work best for him or her.
Your Child Needs and Deserves an Individualized Education Plan
Children with disabilities are entitled to an individualized educational plan (IEP) that must be re-evaluated at least once per year. The plan has to lay out specific actions designed to help the child get a fair and effective education, and must be designed in consultation with the parents, teachers, and any care providers the parents wish to involve.
Giving Lip service to Accommodations Is Not Enough
Many IEPs contain impressive lists of helpful services, but those services never materialize—or they don't work, and no one does anything. It's not sufficient for a school to promise help, to offer accommodations, or to assert its desire to support a disabled child. Schools are required to actually follow through on their promises by creating an academic environment in which children with disabilities can thrive.
References:
Children and youth with disabilities. (2016, May). Retrieved from http://nces.ed.gov/programs/coe/indicator_cgg.asp
Educational rights overview. (n.d.). Retrieved from http://www.pbs.org/parents/education/learning-disabilities/special-educ…
How IDEA protects you and your child. (2014, April 11). Retrieved from https://www.understood.org/en/school-learning/your-childs-rights/basics…
Resmovits, J. (2016, July 26). ADHD is now classified as a specific disability under federal civil rights law. Retrieved from http://www.latimes.com/local/education/la-na-adhd-disability-us-departm…
