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In what ways do laws like the Americans with Disabilities Act affect human services organizations?

Question about Americans with Disabilities Act and special education?

  • If the Americans with Disabilities Act was passed in 1990, would a school-age student who suffered some kind of trauma in previous years be eligible for special education services? Would they have to have been referred by a counselor, teacher, or the like?

  • Answer:

    They are two different laws: 1) Special education (passed in 1975) requires that all public k-12 schools provide an appropriate education to all students regardless of severity of disabilities. A parent can be the one who initiates eligibility for the student to obtain special education services A counselor..etc does not have to refer the student for testing. If elgible,these services continue in the public school until the student graduates (some students with profound disabilities obtain services until 21). 2) The ADA only requires that public colleges/universities and non-religious private college/universities only have to make a 'reasonable accommodation' to an 'otherwise qualified student'. Under the ADA, not all types of disabilities obtain all accommodations in that academic environment. And the student themselves would have to initiate a request for ADA services (being the adult). The colleges cannot screen students for services.

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If this student is having a difficult time in school as a result of this trauma than; yes, that student would be eligible for special education services but before the student could go into special ed the child would have to be tested according to the I.D.E.A. of 2004 and the school system would have to develop a plan based on the child's educational needs. If the child is having a difficult time in school because of a trauma either a counselor, a teacher, or a parent/ guardian can request the child to be tested for a learning disability, mental disability and/ or other emotional disabilities the child might have.

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The IDEA (Individuals with Disabilities Education Act) will help you. First you can request that the child be tested. This is a Federal Act so this applies to you no matter what state you live in. Of course every state may have additional laws to help you. There are several categories which includes physical, developmental and cognitive disabilities. Make sure that you ask that the child be tested in ALL categories and not just certain areas. Sometimes there are hidden disabilities that one is not aware of that can come out during testing. Once the testing has been completed, there will be a conference with the parent and a team from the school. Don't be intimidated by this meeting, they will ask you questions about the pregnancy and ask you the most humiliating questions about the pregnancy and the way you raise them. Don't get discouraged. Then an I.E.P. (Individualized Education Program) will be issued. This is a plan or agreement between you and the school district to plan out how to help this child. The goal is to get the child to graduate and become independent. Hope this helps.

laylamami

actually special ed is provided for through IDEA and the 1975 The Education for All Handicapped Children Act .... ADA does not specifically provide special ed... when the law was 1st enacted in 1975, even children that were disabled prior to 1975 were eligible for services...a parent or school authority would have to initiate the evaluation process and its prek-age 21 not just k-12

jmitw

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