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The Right to Accommodations in Public School for Children with A Disability (FAQs + Brochure)

Authored By: Southeast Louisiana Legal Services
Contents

FAQs About the Right to Accommodations in Public School for Children with a Disability

What are accommodations? +

Accommodation is special help needed by a child in school because of a mental or physical problem.

What are examples of accommodations? +

  • Change in seating arrangement.
  • Additional time to take tests or complete homework.
  • Tests being read aloud.
  • Tutoring.
  • Using different teaching material or techniques.
  • Calculators.

These are just a few examples of available accommodations.

 

Can my child get accommodations even if they are not in Special Education? +

Yes, your child can still get accommodations even if they are not found to be eligible for Special Education services. Under Federal law public (including charter) schools must provide accommodations if needed for a child’s mental or physical limitations.

 

My child does not have any accommodations but I think he needs them. How can I make sure accommodations are made? +

Send a written request to the school stating that you want your child evaluated for special accommodations and special education. Send your request by fax or certified mail, to have proof the school gets your request. Keep a copy of the letter, fax confirmation, or return receipt (green card) of what you sent the school. If the school refuses to test the child you may have a right to a fair hearing.

You should talk to an advocate at Family Helping Families and/or an attorney. 

The school must evaluate within 60 days from the school receiving your written and signed consent to have the child tested. If there are less than 60 days left in a school year the school can wait until the fall to finish the evaluation.

 

My child was tested for Special Education and she was not found eligible for accommodations. Can my child still get accommodations? +

Yes, even if a child is not eligible to receive Special Education services, the child may still have a right to special accommodations. The school should create an individual accommodation plan (IAP) that states what accommodations your child needs.

My child is getting accommodations but I don’t think they are working. What can I do? +

You should request a reevaluation.

 

Reevaluation should occur every 3 years unless you and the school agree otherwise. You can request a reevaluation as often as once a year. If you need to have a reevaluation sooner than a year you and the school agency need to come to an agreement regarding the need for the reevaluation.

 

Also, make sure your child is taking the medications the doctor has prescribed. Make sure you give the child the medication as the doctor told you to.

 

If you feel the medication is not working you should talk to your doctor’s office immediately so the medication can be adjusted. You should not independently without talking to the doctor first change or stop giving the child his/her medication. Of course, if the child has a bad reaction to his/her medication you should take her to the closest emergency room as soon as possible.

Where can I get help? +

 

Families Helping Families Networks. Find your local group at www.fhfjefferson.org.

 

Louisiana Developmental Disabilities Council website at: www.lddc.org

 

Advocacy Center for the Elderly and Disabled, a statewide free legal services program. Call 1-800-960- 7705 or 1-855-861-3577 (TTY) or visit their website at: advocacycenter@advocacyla.org.

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Last Review and Update: Dec 21, 2020