Legal Cheat Sheet for Kids' Rights

1. IDEA: Individuals with Disabilities Education Act

A federal law ensuring all eligible children with disabilities receive a Free Appropriate Public Education (FAPE) tailored to their unique needs, supported by special education and related services.

Who it covers:

Children (ages 0-21) with specific disabilities who, because of that disability, need special education and related services to progress in school. This includes categories like autism, learning disabilities, speech impairments, and more.

What it means for you:

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  IEP (Individualized Education Program): If your child qualifies, an IEP team (including you!) will develop a written plan outlining goals, services, and how your child's progress will be measured.
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  FAPE (Free Appropriate Public Education): Your child has the right to an education that meets their needs, at no cost to you.
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  Least Restrictive Environment (LRE): Your child should be educated with non-disabled peers as much as possible.
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  Parental Rights: You have the right to participate in all decisions, access your child's records, and give consent for services. You have the final say on formal decisions.
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  Dispute Resolution: If you disagree with the school, IDEA provides processes like mediation and due process hearings.

2. ADA: Americans with Disabilities Act

A broad civil rights law prohibiting discrimination against individuals with disabilities in many areas of public life, including public schools and child care settings.

Who it covers:

Individuals with a physical or mental impairment that "substantially limits one or more major life activities" (e.g., learning, walking, speaking, concentrating). It's a broader definition of disability than IDEA.

What it means for you:

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  Equal Access: Schools and child care centers cannot discriminate against your child due to a disability. They must provide equal opportunities.
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  Reasonable Accommodations: Schools must make reasonable changes to policies, practices, or procedures to ensure your child can participate.
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  Individualized Assessment: Decisions about your child's needs and accommodations must be made on a case-by-case basis, not based on stereotypes.
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  Broader Reach: Even if your child doesn't qualify for IDEA services, they may still be protected under ADA and Section 504 for accommodations.

3. FERPA: Family Educational Rights and Privacy Act

A federal law protecting the privacy of student education records.

Who it covers:

All students, from elementary to post-secondary, at schools that receive federal funding.

What it means for you:

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  Access to Records: You have the right to inspect and review your child's education records within 45 days of a request.
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  Request Amendments: You can request changes to records you believe are inaccurate or misleading.
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  Control over Disclosure: Schools generally need your written consent to release personally identifiable information.
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  Directory Information: Schools must inform you if they plan to release "directory information," and you have the right to opt out.

4. Section 504 of the Rehabilitation Act

A federal civil rights law prohibiting discrimination against people with disabilities by programs that receive federal funding, which includes almost all public schools.

Who it covers:

Similar to ADA, it covers individuals with a physical or mental impairment that substantially limits one or more major life activities. It's often for students who have a disability but don't need special education services under IDEA.

What it means for you:

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  504 Plan: If your child is eligible, the school will develop a 504 plan outlining accommodations (like extended time on tests, preferential seating) to ensure equal access to education.
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  No Cost: Services and accommodations under a 504 plan are provided at no cost to you.
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  Procedural Safeguards: You have the right to be notified of decisions, examine records, and pursue an impartial due process hearing if you disagree with the school's actions.

Key Takeaway for Parents

These laws empower you to advocate for your child's rights. Understand which law applies to your child's situation, and don't hesitate to ask your school for clarification or to connect with parent advocacy groups for support!

For more information, visit ASD infographics.