All children with disabilities are entitled to a free, appropriate education in a full continuum of settings ranging from a regular public school classroom with support services, to a residential school when necessary. Transition planning is also important to help secure needed service after age twenty-one.

Federal and State law provide for specific rights and procedural protections for children with disabilities and their families. Getting advice about the law, and yours and your child’s rights and responsibilities early in the process can help you develop appropriate stategies to support your child’s educational rights.

Rights in Higher Education

While some rights and protections guaranteed by these laws terminate when a student with disabilities graduates high school, post-secondary institutions and higher education entrance testing services (ETS, GRE, LSAT) have certain obligations under Section 504 of the Rehabilitation Act and the American’s with Disabilities Act to provide reasonable accommodations for students with disabilities.

Students with disabilities are entitled to accommodations designed to “level the playing field.” Post-secondary institutions and testing services must therefore provide appropriate accommodations to ensure they are not discriminating based on a student’s disability. Accommodations may include extra time on tests, a reader, large print text, note takers and other supports. It is up to the individual to request these accommodations, however, and securing them may require specialized legal representation.

Call now to learn how attorneys at Hinkle, Fingles & Prior can help your family get an appropriate education for your child with a disability. In many circumstances, it is possible to recoup legal fees and costs related to litigation.