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Legislative Mandates Knowing your rights under the law
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"The care of human life and happiness, and not their destruction, is the first and only object of good government." --Thomas Jefferson Congress has passed several laws intended to protect the civil rights and enhance the standard of living for all persons with disabilities. In order to become strong advocates to ensure that children’s rights are not being violated, parents and teachers should educate themselves about how these laws apply to their children and students. Three of the legislative mandates have direct impact on young children who have autistic spectrum disorders and their families: • Individuals with Disabilities Education Act (IDEA) • The Americans with Disabilities Act (ADA) • The Assistive Technology Act and Technology-Related Assistance for Individuals with Disabilities Act (TECH Act) What follows are brief descriptions of these three laws. For detailed information regarding Special Education law and advocacy programs, see the links provided on this page. Individuals with Disabilities Education Act (IDEA) As an amendment to the Education for All Handicapped Children Act of 1975, the Individual with Disabilities Act (IDEA) expands upon earlier mandates and guarantees basic education rights and assurances for children with disabilities, including: • Children with disabilities are entitled to free public education appropriate to their needs. • Education should be provided, as much as possible, together with children without disabilities, in the least restrictive environment (LRE), and as close to the disabled child’s home as possible. • Supplementary services that provide educational benefit, such as speech therapy or assistive technology, must be provided. • Children identified as having a disability must have an annual Individualized Education Program (IEP) prepared by an educational/assessment team that includes the child’s parents. The IEP must include all services the child will receive and detail when and where s/he will receive them. It must also define clear and specific education goals set forth for the student. • Prior notice must be given to the parents before changes are made to the child’s IEP, and a method for resolving disagreements about those changes must be provided. The Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) provides for and protects the civil rights of persons with disabilities. ADA defines a disability as “any condition that impairs major life activities such as seeing, hearing, walking, or working.” It mandates accessibility and accommodation requirements for all public facilities, including schools. ADA also affords protection to parents with disabilities who want to participate in their child’s school environment by ensuring that all PTA meetings, parent/teacher conferences, and any other school event are accessible. The Assistive Technology Act and Technology-Related Assistance for Individuals with Disabilities Act (TECH Act) The Assistive Technology Act and Technology-Related Assistance for Individuals with Disabilities Act (TECH Act) provides federal funds to “assist states in developing easily accessible systems of access to assistive technology, technology services, and information” (www.ataccess.org). The definition of assistive technology, according to the TECH Act, is broad enough to include “high-tech” as well as “low-tech” and “no-tech” devices. Devices can be “any tool or item that increases, maintains, or improves functional capabilities of individuals with disabilities.” All states are funded to implement the TECH Act, and each state has its own TECH Act agency. These agencies provide information and access to assistive technologies to persons with disabilities. They also provide information about available funding resources to purchase any equipment necessary for disabled person. |
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