Educating You About Your Child’s Special Education Rights
Nothing is more important to you than your child. If your child has special needs, you are likely to run into a challenging problem with their school system at some time or another. At Robinson & Clapham, we work with parents and students throughout Rhode Island to prevent and resolve difficulties relating to special education. On this page, we have tackled some of the common questions that prospective clients have for us about special education law.
What does the Americans with Disabilities Act (ADA) do for students who have special needs?
Under the ADA, schools – including nurseries, prekindergartens and schools of all grade levels – must provide reasonable accommodations for children who have disabilities that meet ADA requirements.
What are some examples of reasonable accommodations?
Some of the most commonly requested reasonable accommodations for students include:
- An interpreter
- Extended time for test-taking
- Minimal distractions for test-taking
- Priority seating in the class
- Readers for tests and quizzes
- Brail materials
- Large print materials
These are just a few examples of the many accommodations available to facilitate learning.
What are common disabilities covered under IDEA?
The Individuals with Disabilities Education Act (IDEA) covers these conditions that may affect how a child learns, communicates or functions in school:
- Autism spectrum disorders that affect verbal and nonverbal communication.
- Specific learning disabilities such as dyslexia, dysgraphia or dyscalculia.
- Other health impairments, which frequently include attention deficit hyperactivity disorder.
- Emotional disturbances that impact a child’s ability to build relationships or maintain emotional balance.
To qualify for an Individualized Education Program, a child’s disability must directly impact their educational performance. Identifying the correct category helps ensure that your child receives the exact resources necessary for classroom success.
What is an Independent Educational Evaluation (IEE)?
An Independent Educational Evaluation is an assessment conducted by a qualified examiner who does not work for your school district. Parents have a right to request this review if they disagree with the evaluation completed by the public school. Under federal and state rules, you can ask the district to fund this outside evaluation.
The school must either pay for the assessment or request a legal hearing to prove its own evaluation was sufficient. As such, these matters require careful navigation with the help of a special education law attorney.
What are my rights if I disagree with my child’s IEP?
Parents have the right to question an Individualized Education Program if they believe it does not properly support their child. Rhode Island schools must consider parent concerns and provide notice explaining decisions involving services, placement or eligibility.
For instance, parents may request additional meetings, submit outside evaluations or pursue mediation and due process hearings when disagreements continue. These situations can become stressful quickly, especially when a child’s academic progress or emotional well-being is affected.
Are there specific disciplinary considerations for IEP students?
Yes, there are additional federal protections that help ensure that children with special needs are not unfairly punished for behaviors caused by their disabilities. Before a school can suspend an IEP student for more than ten days, it must hold a Manifestation Determination review. This meeting decides if the behavior was a direct result of the school failing to implement the IEP.
If a connection is found, the school must conduct a functional behavioral assessment instead of issuing standard discipline. These complex protections keep vulnerable children safe from unlawful exclusion.
Does the ADA still apply to private schools?
Yes. Just because a school is private does not mean it can wriggle out of providing reasonable accommodations for students who have disabilities.
Does my child qualify for an Individualized Education Program (IEP)?
All children who have a disability as defined by the Individuals with Disabilities Education Act (IDEA) have the right to an Individualized Education Program, which is a legal document addressing the unique structures, resources and materials that students with disabilities might need to thrive in school.
Do I really need to hire a lawyer?
If your child’s teachers, school, school board or other entity continues to disregard their special education rights, your only other alternative may be the advocacy of legal counsel. We understand exactly which procedures to use and which avenues to explore to take full advantage of the rights guaranteed to you by the state for your child.
Get More Information By Contacting Us
The road ahead might seem confusing, but we can guide you and provide the explanations you need. To learn more, contact us to set up an initial consultation. You can reach our Providence office at 401-661-8287, our Wakefield office at 401-783-3600 or send us an email.