Rights of Children with Disabilities and Parent Responsibilities

The Individuals with Disabilities Education Act (IDEA), which was amended in 1997, ensures that all children with disabilities receive a free appropriate public education (FAPE). IDEA emphasizes special education and related services designed to meet a child’s unique educational needs and preparation for employment and independent living.

Answers to Frequently Asked Questions:

What do I do if my child is having difficulty learning in school?

You may: 

· contact the teacher to discuss your concerns and provide information that might be
helpful.
· participate in a problem solving process with the school to develop intervention in
general education.
· request in writing that your child be evaluated to see if he/she is eligible for special
education services under IDEA. 

What if the teacher reports that my child is having difficulty learning in school? 

The school district may: 

· contact you for information.
· attempt different strategies and document the results.
· contact you to participate in a meeting to determine if your child is suspected of
having a disability. 

NOTE: No matter where you are in this process at any time, you may request a comprehensive
evaluation.

Referral Process

Who can make a referral?

If a child is suspected of having a disability and might need special education services, a referral
for evaluation may be made by:

· parents;
· school personnel; and/or
· community agency personnel

If the referral is made by: 

· the parent - the referral should be made in writing to the school district stating you
suspect that your child has a disability, and you are asking for a comprehensive
evaluation.
· school personnel - you will be contacted by someone from the school district.

After the referral is made by school personnel and before the evaluation begins: 

· you must be given prior written notice.
· remember the school district must have your consent in writing to evaluate your child.
· if you refuse to give your consent to evaluate, the school district may request a due
process hearing. 

If a child is suspected of having a disability, what steps will the school district take? 

If the school system suspects your child of having a disability, the school district will: 

· inform you of your legal rights and procedural safeguards;
· share information about special education services;
· obtain your consent for evaluation;
· determine the need for additional evaluation information; and
· plan your child’s assessment

The evaluation and IEP process must be completed within 40 school days from your signed
informed consent. A reasonable exception may be approved by the department if, based on the
unique needs of the child being evaluated, extra time is required. The granting of any exception
will be based on the documented individual needs of the child. If your child is eligible for
preschool special education services, the services stated on the IEP must be in place by your
child’s third birthday. If the child turns three in the summer, the IEP team will determine when
services begins.

What happens if my child is not eligible for preschool special education services? 

If your child is not eligible for preschool special education services, with your consent, referrals
to other community services and programs may be made. If you disagree and believe that your
child is eligible for preschool special education services, you may also request an independent
evaluation and/or a due process hearing.

(reprinted from the booklet “Rights of Children with Disabilities and Parent Responsibilities.” published by the Tennessee Department of Education Division of Special Education.  http://www.state.tn.us/education/speced/spedrights.pdf)

Section 504 of Rehabilitation Act

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities in all programs and activities conducted by agencies that receive federal financial assistance. Educational agencies that receive U.S. Department of Education funds, either directly or indirectly, are considered recipients.

In matters pertaining to education, the lead agency is the U.S. Office for Civil Rights, U.S. Department of Education.

Section 504 guarantees an appropriate special education as well as accessibility to regular education programs. It requires that all children with disabilities be provided a free, appropriate public education in the least restrictive environment.

How is "disability" defined under Section 504?

A person with a disability is any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.

How does the definition of disability differ between 504 and IDEA?

The Individuals with Disabilities Education Act (IDEA) defines specific disabling conditions. Because of this difference, some individuals who are not qualified for special education under IDEA may be qualified for special services under Section 504.

There may also be students who have a disability according to both the IDEA and Section 504 definitions but do not require special education. For example, some students who use wheelchairs may be qualified under both definitions. They may not require special education, but they may require special accommodations under Section 504.