Your Child Has A Legal Right To Be Accommodated For Their Disability At School

Posted on: 20 December 2021

Public schools are expected to make accommodations to children to take into account their special needs under legislation such as the Individuals With Disabilities Education Act (IDEA). If your child is suffering from a disability and this is affecting their ability to succeed academically, you might fear that they are not complying with this act.

How to Know if Your School is Covered 

If your child's school is receiving federal funding, you can expect it to be required to follow certain guidelines. Your child will need to have one of the disabilities that are listed. These disabilities can include:

  • Blindness
  • Deafness
  • Autism
  • Emotional disturbances
  • Traumatic brain injury

If you are not sure if the disability is covered, it's a good idea to consult with a special education lawyer who is licensed to practice in the state in which you reside. The lawyer will also be able to help you determine if the school is fulfilling the legal mandates and whether you might have a case.

Issues You Might Face

You might discover that your child is struggling academically and they are not being given the services they need. Some schools claim that the services they already have at the school are all that are available, but they are actually required by law to devise a plan to provide customized services to meet your child's needs. 

You also have the right to participate in the creation of this plan. Even if the school creates a plan for your child, they might then fail to follow through on the plan.

Inappropriate Behavior by the School

Some schools engage in inappropriate behavior toward a child who is suffering from a disability such as punishing the child for behavior that is a manifestation of the disability. This is another reason why you may wish to take legal action against the school.

What a Special Education Lawyer Can Do

A special education lawyer can file a due process claim. In addition to possibly forcing the school to comply with the law, filing this type of lawsuit can also lead to you being reimbursed for your attorney fees and expenses.

You might be concerned that the school might view your retaining of a lawyer as a threat, but hiring a lawyer simply sends a message to the school that you are serious about protecting the rights of your child and are willing to take legal action if necessary.

For more information, contact a special education lawyer near you.