The Power of the Law

  



Laws and Policies Regarding Individuals With Disabilities

    Did you know that those with disabilities have laws protecting them and their rights? As a caretaker of a child with autism and/or other disabilities, it is incredibly important to know what laws and bills have been passed to allow your child to get the help they need to succeed in school and in life.

Individuals with Disabilities Education 
Improvement Act (2004)
    The Individuals with Disabilities Education Improvement Act (IDEIA) is a law established in 2004. This is a law that is followed in every state, not just in Texas. This law makes sure all students with disabilities receive a free public education that is tailored to their individual needs. Your student has the right to be placed in a Least-Restrictive Environment (LRE). This means they will be able to learn alongside their neurotypical peers in order to socialize and learn with the general public. 
    IDEIA ensures that the student and their caretakers' rights are protected at all times. IDEIA also entitles your child to receive their tailored education and early intervention services (EI) while in an LRE. 
    In an educational setting, you as a caretaker are allowed to exercise your rights under IDEIA. A frequent example is creating and updating an Individualized Education Program (IEP) for your child. Visit this post to learn more about IEPs. An IEP can be updated at least once a year. You as a caretaker can call a meeting discussing the IEP at any time.


Section 504 of the Rehabilitation Act
    Section 504 is a federal law that states no student with any disability shall be excluded, discriminated against, or denied any benefits because of their disabilities. People with disabilities shall not be deprived of any of their civil rights and their needs shall be met just as adequately as students without disabilities. Those who need it can create a 504 plan. 
    504 plans can be created for those with physical, mental, developmental, and emotional disabilities. In order to create one, the individual must prove they are unable to get an appropriate education due to their disability. Because this is a federal law, 504 plans cannot be denied or ignored (as long as the school is federally funded. Religious schools that are not federally funded are exempt from this). They can be temporary, long-term, or permanent and can be used at work as well. Individuals with autism can create a 504 plan if needed. 504 plans for those with autism may work if they are able to function with a relatively smaller amount of help. If the individual requires a substantial amount of help to succeed, then a 504 plan would not be the best option.


The Americans with Disabilities Act (1990)
    The Americans with Disabilities Act (ADA) is a federal law that keeps people with qualified disabilities (e.g. ASD, drug addiction, and/or cerebral palsy) from being discriminated against in areas such as work, school, public transportation, public accommodations, and telecommunication. In regards to education, ADA applies to public schools and non-religious private schools but not to religious schools. This means that if your student attends a religious institution, said institution can discriminate against the student under ADA standards. 
    The ADA cannot evaluate and place your child into any special education programs. However, it does give a list for reasonable accommodations like modifying schoolwork, having learning and testing aides, and supplying students with impaired vision books written in braille. 



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