Legal Rights of Persons With Disabilities - Ossh.com

CHAPTER 5
EDUCATION
This chapter discusses the rights of persons with disabilities in primary and secondary education,
pre-school education, and post-secondary education.
I. THE RIGHTS OF CHILDREN WITH DISABILITIES IN PRIMARY AND SECONDARY
EDUCATION
A. All Children With Disabilities Have a Right to a "Free, Appropriate, Public Education@
Children with disabilities have a right to a free public education appropriate to their needs,
regardless of the nature or severity of their disability. This right is guaranteed by both federal and state law.
The phrase used to describe the education that must be provided to a child with a disability is a "free,
appropriate, public education." In the following sections, the terms "free," "appropriate," and "public" are
explained in detail.
The parents of a child with a disability have a right to participate in any decision about the
education of their child. Specifically, a school district must:
$ inform parents of any decision to evaluate their child for special education;
$ obtain parents' permission before evaluating their child;
$ allow parents to attend and participate in all planning conferences;
$ inform parents of any proposed changes in their child's special education; and
$ listen to, consider carefully, and respond respectfully to any complaints by parents.
In addition, if parents are dissatisfied with the school district's decision, they can ask the California
Department of Education and the courts to review that decision. In the following sections, the scope of the
school district's duties are explained in detail.
B. The Law
1. Federal Law
Before 1975, many children with disabilities were denied any education at all. In 1975, Congress
passed a law, the "Education of the Handicapped Act," which confirmed the right of a child with a
disability to a free, appropriate education. The Act was later amended and is now called the Individuals
with Disabilities Education Act, or the IDEA. (20 U.S.C. ' 1400 et seq.) Other federal statutes, such as
the Rehabilitation Act and the ADA, also protect the right of a child with a disability to an education free
from discrimination based on disabilities. (29 U.S.C. ' 794 et seq.; 42 U.S.C.
' 12131 et seq.)
Education is primarily the responsibility of states and local communities, rather than the federal
government. For this reason, the federal statutes do not require the states to educate any children. The
Rehabilitation Act instead prohibits discrimination against anyone on the basis of a disability in any
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