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In an effort to help the community
understand current basic concerns about civil rights, we have published
the following Civil Rights in Brief which summarize
these issues and can help you learn what you can do to protect them.
The IDEA: The Individuals with Disabilities
Education Act (IDEA) guarantees all students "free and appropriate"
public education (FAPE). IDEA protects the rights of children with
disabilities, including: mental retardation; speech or language
impairments; serious emotional disturbance; autism; specific learning
disabilities and other health impairments.
Overrepresentation and Segregation:
Nationwide, minority students are over represented in special education
programs indicating widespread misdiagnosis. In many cases, separate
special education programs have the effect of increasing segregation
within a school. However, IDEA requires that schools place students
with disabilities in regular classrooms to the extent appropriate.
If race, sex, or national origin are suspected of either influencing
a child’s placement, or the level of services a child receives,
complaints may be made in court or filed with the United States
Department of Education.
Complaints About Racial and National Origin
Discrimination in Special Education: Complaints under Title
VI of the Civil Rights Act of 1964 can be brought directly as lawsuits
in court or filed administratively with the United States Department
of Education’s Office For Civil Rights (OCR). Organizations
may have standing to bring suit on the behalf of parents and students
in a given school district. In administrative complaints, claimants
alleging a disparate impact on minorities may be able to prevail
on proof of discriminatory impact without having to prove discriminatory
intent.
Filing OCR Complaints: A complaint
of discrimination can be filed by anyone, or any organization, believing
that an education institution that receives federal financial assistance
has discriminated against someone on the basis of race, color, national
origin, sex , disability, or age. OCR has jurisdiction for Title
VI, Title IX of the Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, and Title II of the Americans with
Disabilities Act of 1990. OCR complaints must be in writing, cannot
be anonymous, and must request intervention. Generally, complaints
must be filed within 180 days of the last act of alleged discrimination,
although a waiver may be granted. OCR does not have jurisdiction
for IDEA complaints.
General Complaints Under IDEA: The
IDEA provides parents with extensive procedural rights. However,
IDEA also requires exhaustion of administrative process before a
lawsuit may be filed. Parents that disagree about what a school
has done, intends to do, or refuses to do, must request a due process
hearing, in writing, from the school system. Parents have the right
to challenge any school decision affecting their child’s education.
Some state laws provide more rights, but no state may take away
rights afforded by IDEA.
Misdiagnosis, IDEA and Title VI:
Under IDEA, parents may challenge any diagnosis resulting in a "special
education" placement. A misdiagnosis of a minority student
may also be actionable as a civil rights violation under Title VI.
Frequently, bright minority students with learning disabilities
are misdiagnosed on the basis of a test and assigned to remedial
education programs that do not provide needed services. Similarly,
national origin minority students with limited-English proficiency
are often placed in special education programs based on tests given
in English.
Parents’ Rights: Under the
IDEA schools must ask parents’ permission to evaluate a child
for special education before any evaluation is done. Parents also
have the right to an outside evaluation. Parents must be involved
in all discussions and decisions about placement including the process
of developing an individualized educational plan (IEP). Once an
IEP is in place, parents must be given notice of any changes planned
in a child’s educational placement and are entitled to regular
progress reports.
IDEA Due Process Hearings: Parents
have the right to appeal any school decision affecting their child’s
education. A hearing request must include 1) the child’s name,
home address, and school address; 2) a description of the problem;
and 3) the remedy sought. Mediation opportunities must be made available,
but may not be used to delay or deny a request for a hearing. If
a parent wins at the due process hearing the school district must
pay the parent’s legal fees. If parents lose they can request
mediation or appeal. The process for appeals varies from state to
state.
Discipline: A school system must
tell parents when it plans to discipline a child on the same day
the decision is made. Students suspended for more than 10 days,
or who are expelled, are entitled to a full education program without
disruption. If the behavior that led to the discipline is disability
related, the student has a right to a host of protective procedures.
Undiagnosed Children and "Behavior"
Problems: Some children have behavioral disorders that
are not protected by IDEA. For example, children regarded as mildly
hyperactive are often denied support in school and harshly disciplined
as if they had no special needs. Such children may have rights to
extra support in school and protection from certain disciplinary
procedures under either Sec. 504 or Title II.
1. Filing with OCR: U.S. Department of Education,
Office for Civil Rights, Customer Service Team, May E. Switzer Building,
330 C Street, SW, Washington, DC 20202. E-mail: OCR@ED.Gov.
The Washington office does not handle complaints, but will direct
you to one of twelve regional enforcement offices that accept complaints.
For complete information call 1-800-421-3481 or visit their web
page at http://www.ed.gov/offices/OCR/index.html.
2. Legal service providers in each state: National
Association of Protection and Advocacy Systems (NAPAS) 900 2nd St.,
NE, Suite 211 Washington DC 20002., Voice (202) 408-9514; TTY: (202)
408-9521. http://www.protectionandadvocacy.com,
E-mail: napas@earthlink.net
3. Direct parent assistance in every state: Parent
Training and Information (PTI) Centers exist in every state to assist
parents in understanding their rights under federal and state law.
They are available from NICHCY below.
4. Disability law resources listed for every state:
NICHCY National Information Center for Children and Youth with Disabilities,
P.O. Box 1492, Washington, DC 20013, 1-800-695-0285(Voice/TTY)(202)884-8200,
http://www.nichcy.org. E-mail:
nichcy@aed.org
You may also download "Discrimination
in Special Education" in PDF Format. 
Last updated 8/16/99
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