We continue our 7 Day Series: Parent's Guide to Autism Spectrum Disorder. This is DAY 5: What Are Your Parental and ASD Child's Legal Rights? Getting services for your child with ASD may seem challenging. It's important to know and understand your child's ASD diagnosis and your legal rights.
Know your rights - As the parent of a child with ASD, you have the legal right to:
1. A free public school education.
2. Be involved in developing your child’s IEP from start to finish.
3. Disagree with the school system’s recommendations.
4. Seek an outside evaluation for your child.
5. Invite anyone you want, from a relative to your child’s doctor, to be on the IEP team.
6. Request an IEP meeting at any time if you feel your child’s needs are not being met.
7. Free or low-cost legal representation if you can’t come to an agreement with the school.
It is very important to know that your ASD child has the right to a free education. The Individuals with Disabilities Education Act (IDEA), which was first enacted in 1975 and most recently revised in 2004, mandates that each state provide all eligible children with a public school education that meets their individual needs.
When making educational decisions it's important for parents to know, legally, private schools and church-operated schools, often referred to as parochial schools, are not bound to provide the same services as public schools. You cannot request a certified special education teacher for your ASD child. However, another school option is the charter school, which is a type of public school and is, therefore, bound by the same laws as a traditional public school. The picture looks brighter when you know your rights!
On tomorrow we will introduce you to an inspiring family, Day 6, Living with Autism: Personal Stories.
*Resources for information on the 504 Plan and an IEP:
https://www.autismsociety-nc.org/getting-school-services-child-entitled/
Copyright, 7 Day Series, Day 5: What Are Your Parental and ASD Child's Legal Rights? Sharon Rose, Parents Want to Know 101, April 13, 2018. All rights reserved.
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