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For parents of children struggling with mental illnesses or learning disabilities, the return to school can be cause for panic. Parents of children with special needs frequently find that standard classrooms aren't equipped to meet those needs. This is where parents come in. It's your job to be a strong advocate for your child's rights, and understanding the basics of the various laws that protect children with special needs is a prerequisite to being a strong advocate for your child. Schools don't always do a good job of educating parents about their children's rights, and a few schools may even actively ignore the law. Knowledge is power, and if you are the parent of a special needs child, you need to know that your child is entitled to a quality education and reasonable disability accommodations.
Who Is Entitled to Accommodations?
Most disability laws are federal statutes, which means every disabled child is entitled to accommodations regardless of where in the United States he or she lives. Federal laws don't list a specific list of conditions that count as disabilities, and they make no distinction between physical and mental health disabilities. Instead, a disability is any condition that interferes with daily functioning, so the test of whether your child qualifies is not whether she has a specific condition, but how that condition affects her life. A child whose ADHD is well-controlled under medication and who experiences no academic difficulties might not qualify for accommodations, but that same child could qualify if her ADHD interfered with her ability to take tests or take notes in class.
What Accommodations Can My Child Get?
Children with mental health disabilities are entitled to three key rights:
• Freedom from disability discrimination – This right covers your child's right to freedom from discrimination, as well as her right to privacy. Children and their parents aren't required to disclose a disability, and students can't treat children differently by virtue of their disability. For example, excluding a child from recess based on her disability or requiring her to move to a different class would be discrimination. Schools can make accommodations—such as special classes—designed to help students who need it. But isolating a student purely based on her diagnosis, and not her need for help, is illegal. Courts have repeatedly ruled that children with disabilities have the right to unrestrictive educational settings, just like other children.
• Reasonable disability accommodations – Your child's school, under the Americans With Disabilities Act, is required to make “reasonable” accommodations that make it possible for your child to learn without fundamentally altering the educational experience. Examples of reasonable accommodations include a note-taker, extended test-taking time, a sign language interpreter, or a quiet room in which to take tests.
• An Individualized Education Program – Students with disabilities are entitled, under the Individuals With Disabilities in Education Act (IDEA) to an Individualized Education Program, usually just called an IEP. This document establishes specific educational objectives for your child and devises a program and list of disability accommodations designed to help your child learn.
The Procedure for Getting Accommodations
Many schools provide specific procedures for children seeking accommodations to receive them. You might have to provide specific documentation to the disability services coordinator at your child's school, for example. Generally speaking, schools can't limit disability accommodations. For example, your child's teacher can't refuse to provide accommodations just because you requested them in the middle of the year instead of the beginning. Schools can, however, request specific documentation from medical professionals. You'll generally have to show proof of your child's disability, and may have to provide information about his or her prognosis. The school cannot require your child to undergo specific treatment; that decision is up to you and to your child's medical provider.
If your school doesn't establish specific procedures for obtaining disability accommodations, you're still entitled to accommodations. Try contacting the guidance counselor or social worker at your child's school, or talking directly to your child's teacher. The National Alliance on Mental Illness publishes a helpful guide for parents seeking an IEP for their child. You can access that guide here.
Enforcing Your Child's Individualized Education Program
Receiving authorization for disability accommodations and implementing your child's IEP are just the beginning. Some parents find that schools don't always follow a child's IEP, or teachers ignore the accommodations to which a child is entitled. Some steps you can take to protect your child's rights include:
• Talking to your child in an age-appropriate way about his rights, and encouraging him to be a good advocate for himself.
• Planning a teacher-parent conference early in the year so you can review your child's IEP and clear up any misconceptions or address any disagreements.
• Carefully monitoring your child's grades and intervening early if you notice any problems.
• Documenting any and all challenges you encounter. Communicate in writing whenever possible, and save voice mails and other communications.
• Remaining friendly, but forceful. If your child's school ignores your requests, follow up and remind them of their obligations under the ADA and IEP.
If your child's school remains uncooperative, you may need to seek legal help. Disabled children are entitled to file lawsuits if their rights are violated, so consider contacting a lawyer who specializes in disability or mental health law if you experience difficulties enforcing your child's rights. Sometimes a strongly worded letter from an attorney is sufficient to get a school to cooperate.
References:
ADA overview. (n.d.). Retrieved from http://www.mentalhealthadvocacyinc.org/ada-overview
Americans With Disabilities Act and mental illness. (n.d.). Retrieved from http://www.womenshealth.gov/mental-health/your-rights/americans-disabil…
Archived: Guide to the Individualized Education Program. (n.d.). Retrieved from http://www2.ed.gov/parents/needs/speced/iepguide/index.html
Tudisco, R. (n.d.). ADD and your legal rights. Retrieved from http://www.additudemag.com/adhd/article/3611.html
