What laws protect my child?

An excerpt of the advisory provided to school districts follows. For the full text of the advisory and to read the complete Massachusetts autism spectrum disorder law, go to: http://www.doe.mass.edu/sped/advisories/07_1ta.html If you live in another state, call your Department of Education and inquire about the educational laws for children with ASDs.  

Massachusetts Department of Education Technical Assistance Advisory

In July 2006, Chapter 57 of the Acts of 2006, entitled “An Act To Address The Special Education Needs Of Children With Autism Spectrum Disorders,” took effect. This law requires that IEP teams consider and address in the IEP discussion these seven specific needs of students with ASDs: 

1. Verbal and nonverbal communication needs: Impairment in communication is one of the defining characteristics of ASD. Therefore instruction and development of communication skills should be addressed as an essential element of the student's IEP.  

2. The need to develop social interaction skills and proficiencies: Social skills vary in severity and pervasiveness as well as how they present at different ages and developmental stages. In the most severe expression of qualitative social impairment, students with ASD may consistently appear socially disconnected or avoidant, even with immediate family members. In less severe cases, they may find it difficult to initiate interactions, frequently misunderstand social situations or be unable to maintain a conversation on a subject other than one on a preferred topic. A younger child with ASD may lack variation in spontaneous or social imitative play, lack pretend or imaginary play skills or play with toys in an atypical or repetitive way, e.g. lining up toy cars or spinning the wheels, rather than racing them or engaging in pretend scenarios.

3. The needs resulting from the student's atypical responses to sensory experiences: The IEP Team should consider whether a student with ASD exhibits under- or over-sensitivity to particular stimuli, such as tactile, visual, auditory, smell, taste or texture. One and often several of these sensitivities are common in students with ASDs and can cause major discomfort, inattention and negative behaviors.

4. The needs resulting from resistance to environmental change or alterations in daily routines: Students with ASDs often have unusual or intense responses to an unexpected change in the environment, such as turning the heat or air conditioning up, painting the walls a different color, even moving the location of a desk or chair. A change in daily routine, such as a fire drill or substitute teacher may also be difficult understand or adapt to. Preparing for changes and transitions with visual schedules and supports, multiple verbal reminders and timers often helps to minimize the discomfort and promote greater success, flexibility and independence.

5. The needs resulting from engagement in repetitive activities and stereotyped movements: Students with ASDs may exhibit ritualistic behaviors, movements or language. The educational team should consider their function and the extent to which these activities interfere with engagement in more productive activities such as interacting with peers, playing or learning academic skills.

6. The need for positive behavioral interventions, strategies and supports to address any behavioral difficulties resulting from ASDs: Because of the complex developmental, learning and adaptive needs of students on the autism spectrum, they often exhibit behaviors that are challenging in their intensity and frequency, and they may interfere with social and academic activities. The IEP Team should consider and discuss the need for a functional behavioral assessment (FBA) in order to identify the causes and functions of inappropriate behaviors and design an intervention or management plan based on FBA results and analysis.

7. Other needs resulting from the student's disability that impact progress in the general curriculum, including social and emotional development: A student with ASD often exhibits deficits in executive function, i.e. the ability to plan, organize, make appropriate choices and generalize learned skills to other environments/activities and engage in productive and functional routines. The student may have a tendency to perseverate – to over-focus on small or unimportant features – which may distract him or her from perceiving and understanding the whole activity, procedure or event. The IEP Team should consider the need for structure, academic and social support or different services in the classroom and other environments.

Federal Laws and Your Child

There are four federal laws that protect the rights of students with disabilities:

• The Individuals With Disabilities Education Act of 2004
• The No Child Left Behind Act of 2001
• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act 

The Individuals with Disabilities Education Act (IDEA) 2004

All states get federal money under IDEA and must provide a free, appropriate public education to all eligible children with disabilities. A child can be identified as eligible for special education only after an evaluation has been conducted. Your local school district is responsible for evaluating your child and you will need to ask them to schedule an evaluation. However, you can also submit any evaluations your child has already had for their consideration. IDEA provides for special education and related services to children in all types of settings – child care, preschool, kindergarten, elementary, middle and high schools. Special education is a means by which children can get the supports and services they need in order to learn and make effective progress. Special education is not a "place" but rather a way for your child to get an appropriate education. For more information about IDEA, go to http://www.ncld.org/content/view/902/456086/ 

No Child Left Behind Act (NCLB) of 2001

NCLB requires states and school districts to intensify their efforts to improve the academic achievement of public school students considered at risk for school failure. Moreover, the law holds the districts accountable for their schools’ performance. The challenging new provisions of NCLB create expanded opportunities for improved academic achievement and documentation of that improved performance.NCLB outlines the requirements for parental involvement, highly qualified teachers, scientifically-based reading instruction, tutoring and supplemental educational services, research-based teaching methods, and individual school and district report cards.

For more about NCLB, go to: www.ed.gov/nclb/overview/intro/parents/parentfacts.pdf

Section 504 of the Rehabilitation Act of 1973 (Section 504) & The Americans With Disabilities Act (ADA)

Section 504 and the ADA are federal civil rights laws that prohibit discrimination against those with disabilities. Their goal is to promote equal access to and participation in programs and services for all people with disabilities.Section 504 applies to all programs and activities that receive federal money, including school districts, Head Start programs, and some private schools. Children with disabilities who are not eligible for special education programs and related services under IDEA might be eligible for services under Section 504. Your school district must also make sure that its programs are physically accessible to children with disabilities. If your school district provides after-school programs for students, those programs must also be available for students with disabilities.

To read more about Section 504, go to www.ncld.org/content/view/295/314/

ADA gives civil rights protections to individuals with disabilities that are consistent with those provided to people on the basis of race, sex, national origin, and religion. For children with disabilities, ADA guarantees equal opportunity in public accommodations, and state and local government services, including public schools. Most private schools and childcare centers also abide by the ADA. The goal of the ADA is to remove the barriers that prevent those with disabilities an equal opportunity to share in and contribute to American life. The law is about participation and access to the same kinds of opportunities available to those without disabilities. For example, under the ADA, most public or private agencies cannot refuse to allow your child to participate solely because of a disability.

To read more about this law, go to www.usdoj.gov/crt/ada/adahom1.htm

The above information is derived from the U.S. Department of Education, Office of Educational Research and Improvement, and is used with permission.

 

Parent Training and Information Centers and Community Parent Resource Centers

Each state is home to at least one parent center that serves families of children and young adults from birth to age 22 with all disabilities: physical, cognitive, emotional, and learning.  Parent centers help families obtain appropriate education and services for their children with disabilities; work to improve education results for all children; train and inform parents and professionals on a variety of topics; resolve problems between families and schools or other agencies; and connect children with disabilities to community resources that address their needs.  For more information and to locate the Parent Center in your area, go to http://www.taalliance.org/Centers/index.htm or call 1-888-248-0822.