Handout 4: Rights and Protections Under the Law*
*Adapted with permission from National Network of Resource Access Projects for Head Start. 1995. Child to Child: Maximizing Opportunities for Social Integration. Washington, D.C.: U.S. Department of Health and Human Services, Administration for Children, Youth and Families.
Nondiscrimination
Children ages 3 to 5 with disabilities have the right to:
- Comprehensive and nondiscriminatory testing and evaluation.
- Buildings and materials that are accessible.
- Support (aids, equipment, adaptations) that they need.
- Be considered for admission to the program - no matter what their disability
All persons with disabilities have the right to:
- Equal employment opportunities.
- Access to all public accommodations and public transportation.
- Access to all public buildings. Physical barriers must be removed or alternatives must be offered.
- All state and local services and telecommunications.
Confidentiality
Parents of children with disabilities have the. right to:
- Confidentiality of records and conversations about their child's condition.
- Explanations of information and copies of records.
- Inspection and review of educational records.
Individualized Education Plan (IEP) as a Contract
Children ages 3 to 5 with disabilities have the right to:
- A free, appropriate, public education (FAPE) that provides special education and related services to meet their needs as specified in a written Individualized Education Plan (IEP).
- Services without labeling: diagnosis must meet IDEA criteria, but states are not required to report children ages 3 to 5 by category of disability.
- An annual written IEP designed to meet the child's needs.
- A coordinated, multi-agency approach to services.
- Variations in service delivery models.
Least Restrictive Environment (LRE)
Children ages 3 to 5 with disabilities have the right to:
- An education in an integrated setting with children without disabilities whenever possible and beneficial. This is called the least restrictive environment.
Parents as Co-decisionmakers
Parents of children with disabilities have the right to:
- Involvement in developing and approving all educational decisions about their, child. The parent(s) signature(s) must be on the IEP.
- Written notification of and participation in IEP meetings.
- Due process: parents can contest the school's actions.