Protections

Students with disabilities are protected by a complex network of laws that stand on their own and relate to other laws. They vary in types of protection and types of remedy. I guide parents and students so that they understand which laws are relevant to their particular circumstances and how to enforce protections and recoup remedies.

The IDEA or Individuals with Disabilities Education Act is a federal law that mandates all public school districts provide a free, appropriate, public education to eligible students with disabilities and ensures special education and related services to those children. What counts as a disability is not necessarily intuitive. What is required to provide special education or what counts as a related service is also not always intuitive. I can help.

Both Section 504 (Section 504 of the Rehabilitation Act of 1973) and the ADA (Americans with Disabilities Act) are federal laws designed to protect people with disabilities from discrimination, exclusion, and unequal benefits.  Section 504 also forbids discrimination or retaliation against people who advocate for those with disabilities. Section 504 prohibits discrimination on the basis of disability in programs and services that receive federal funds. The ADA prohibits discrimination on the basis of disability in public accommodations in general, even those that receive no federal funds.

Legal and administrative procedures exist to correct disability discrimination and provide a remedy for past wrongs. I can help.

Students who have a disability that can be addressed through modifications or accommodations may be eligible for a 504 Plan (named after Section 504 of the Rehabilitation Act of 1973). Students with medical disabilities are often served effectively by 504 Plans. Sometimes, the decision as to whether a child needs an IEP or a 504 plan can be complicated, as is often the case with, for example, children with ADHD. I can help you to navigate this process.