A Campus Safety story reports that the Centers for Disease Control (CDC) has found a marked increase between 2019 and 2021 in developmental disabilities among U.S. children. The figure rose from 7.4% of children to 8.56% of children. That’s a whopping 15% increase in developmental disabilities in just two years.
The CDC study reporting the astounding increase does not speculate on causes, although the March 2020 onset of the pandemic and the ensuing isolation of U.S. children would seem to be a prime candidate. But no matter the causes, those children need and deserve educational services.
The Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973 have long worked together to assure parents that their student’s disability will not interfere with a free and appropriate public education (FAPE).
ADA, IDEA, and Section 504 protections against disability discrimination not only in schools but in employment, transportation, and public and private accommodation are among the nation’s seminal civil rights promises. These laws opened literal and figurative doors for the disabled to join fully in the benefits of American society.
Schools have long recognized what courts and regulators have often confirmed, which is that these disability laws assure developmentally disabled students of educational services.
The ADA, IDEA, and Section 504 don’t just require handicap ramps into the school for students in a wheelchair. They also require schools to provide special education and related services for developmental disabilities like autism, intellectual disability, serious emotional disturbance, and specific learning disabilities. Special education can mean specially designed instruction at no cost to the parents, meeting the unique needs of the disabled child.
The IDEA law specifically requires schools to develop, implement, and maintain an Individualized Education Program (IEP) for every child with a qualifying disability. The school must develop the child’s IEP with the parents’ participation and the participation of specific school officials. And the IEP must cover specific content.
Once the IEP is in place for the developmentally disabled student, the school must carry it out, providing the special education personnel, services, and accommodations that the IEP states.
The IDEA law also gives parents specific rights to enforce in the courts the school’s obligation to develop, implement, and maintain the IEP. Courts have the authority to enjoin schools from violating the IDEA law by ignoring what a duly adopted IEP requires for the disabled student’s free and appropriate public education.
If you face questions or disputes over ADA compliance or other civil rights, retain the Lento Law Group’s premier attorneys for the necessary guidance. Call 833.536.8652 for skilled, experienced, and effective representation now.