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Children with disabilities and special needs require assistance in an array of areas. One of the areas is assisting with their educational and vocational needs. It is important for parents to be aware of the laws that govern their children’s rights and the resources that are available to them.
There are six laws that have been passed that have important effects on assessment practices:
Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112)
Education of Handicapped Children Act of 1975 (Public Law 94-142);
1986 Amendments to the Education for all Handicapped Children Act (Public Law 99-457)
Individuals with Disabilities Education Act of 1990 (IDEA; Public Law 101-336)
The Americans with Disabilities Act (ADA)
1997 Amendments to the Individuals with Disabilities Act (Public Law 105-17).
Prior to the enactment of these laws, The Lanterman Developmental Disabilities Services Act, known as the “Lanterman Act” was an important piece of legislation that was passed in 1969. It was one of the first pieces of legislation that focused on the services needed for people with disabilities. This act is a Californian law that states that people with developmental disabilities and their families have a right to get the services and support the need to live like people who do not have disabilities. The intent of the act was also to extend the services provided for developmental disabilities. Prior to the act, the majority of services were provided for people who were mentally retarded. In 1973, AB846 was introduced to the legislation. The intent was to serve persons with cerebral palsy, epilepsy, autism and other conditions similar to mental retardation.
The legislation lists specific rights guaranteed to persons with developmental disabilities including but not limited to:
• The right to treatment and habilitation services that meet individual developmental needs, such services to be provided in the least restrictive setting;
• The right to live as normal, productive and independent life as possible;
• The right to be provided a full measure of dignity, privacy and humane care;
• The right to participate in an appropriate, publicly-supported educational program.
If you would like to review the Rights under the Lanterman act you may access the following web site:
www.lanterman.org/info/LantermanAct.asp
www.cahf.org/public/dsc/lanterman.php
The Lanterman Act established a network of Regional Centers to provide services to Californians with disabilities, if you would like more information about the Regional Centers click here.
In 1990, Congress passed the Americans with Disabilities Act (ADA). This Act is designed to make services of all types, including child care programs, accessible to people with disabilities. The ADA prohibits child care providers and centers, regardless of size, from automatically denying a child admission or continued care based solely on their disability. The ADA requires child care providers to evaluate each child’s needs and conditions on an individual basis. Once admitted, a child is entitled to equal, non-segregated participation in the program, to the extent appropriate to the child’s needs.
The overall goal of the ADA is to assure the integration of persons with disabilities in all places that are accessible to the public. The ADA requires that you make reasonable accommodations for individuals with disabilities to the extent possible based on the abilities of each individual.
This goal rests on three primary principles. The principles are:
• Individuality - considering the abilities and needs of each individual;
• Reasonableness-considering the reasonableness in modifying the program to the individual;
• Integration-the importance of integrating the individual with others in the program.
It is important to be aware of these laws if you have children with special needs.
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