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Special Needs and Education Rights

Raising special needs children is never easy, especially since the rights of special needs children are often undermined. Special education laws advocate for the rights of special education children and their parents to provide them with educations and mental development.

What Law Must Public Schools Abide By?

The federal government has implemented the Individuals with Disabilities Education Act (IDEA) to help special education children. IDEA provides rights to children with disabilities and a method to obtain and to enforce special programs for them.

What Is Considered a Disability?

IDEA encompasses a wide range of disabilities, which include:

  • Hearing
  • Speech
  • Visual impairment
  • Autism
  • Mental retardation
  • Emotional disturbances
  • Orthopedic impairment
  • Learning disabilities

What Type of Rights Do We Have?

Once your child is classified as a special needs child, your child will be entitled to a special education evaluation every three years. Additionally, your child will obtain an Individualized Education Program from your school district. Each year, your child will get a new education program, and you will obtain a detail written copy of that program. Specifically, your program will include your child’s current education status, goals and objectives, instructional setting, transition services, and due process.

What If My Childs’ Rights Are Violated?

A special education child’s rights may be violated in many ways, such as the school district not providing a substantial special education program or not hiring a qualified teacher. If such does occur, then you as a parent have the right to due process to enforce IDEA via court proceedings or arbitration.

Do I Need a Lawyer?

An experienced disability law lawyer can help advocate for your child. Moreover, he is well versed in the law and can help you cite cases and legal statutes that are in your favor.

Photo of page author Mabel Yee

, LegalMatch Legal Writer

Last Modified: 07-10-2014 03:47 PM PDT

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