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THE RIGHT TO ACCOMMODATIONS IN PUBLIC SCHOOL FOR CHILDREN WITH A DISABILITY

Authored By: Southeast Louisiana Legal Services
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Information THE RIGHT TO ACCOMMODATIONS IN PUBLIC SCHOOL FOR CHILDREN WITH A DISABILITY

THE RIGHT TO ACCOMMODATIONS IN PUBLIC SCHOOL FOR CHILDREN WITH A DISABILITY

 

What are accommodations?

 

An 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 a 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.

 

Legal Information available on

http://louisianalawhelp.org

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