The move has raised alarm among parents and disability rights advocates
Recently, the United States Department of Education, through Education Secretary Betsy DeVos, rescinded 72 separate guidance documents that outlined rights for students with disabilities. According to the Office of Special Education and Rehabilitative Services, these guidance documents were rescinded because they were “outdated, unnecessary, or ineffective.” The documents spelled out students’ rights under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act.
For parents and advocates for students with disabilities, one of the more troubling aspects of this move is that the guidance documents that defined how schools could use federal money for special education were removed. This raises the concern that funding for special education could be used for other purposes, leaving students with disabilities without the necessary monies to receive a free and appropriate public education (FAPE).
Many of the guidance documents that were rescinded were intended for parents to help them understand their rights as they navigated the complex world of individualized education programs (IEPs), 504 plans and other education law matters. Not having these documents available may make it more difficult for many parents to effectively advocate for their children as they seek to ensure that their kids receive an education that is appropriate for them based on their needs. The rescinded documents include memorandums such as “Procedural Safeguards and Due Process Procedures for Parents of Children with Disabilities,” and “Implementing Community-based Education Programs for Students with Disabilities.” Previous administrations have rescinded policy and guidance documents before, but have never rescinded so many at one time. At present, it is unknown whether the Trump administration plans to introduce new policy documents to replace the ones that have been rescinded.
While the impact of the rescission of these guidance documents is currently unknown, it is important for parents of students with disabilities to know that they do have rights. At PLBH, our children’s rights attorneys will zealously advocate for your child’s right to receive an appropriate education in an environment where they are protected from discrimination and their needs are met. We can work collaboratively with you to ensure that your child’s rights are protected, whether through the IEP or 504 process, and to protect your child from discrimination, harassment, or other forms of mistreatment.
If your child has been denied adequate assistance and/or accommodation at school, a children’s rights attorney can help. The lawyers of PLBH know federal educational law, and can advocate for your child’s rights at school under IDEA and the Rehabilitation Act. With more than forty years of experience, we will aggressively work to make sure that your child gets a high quality education. To learn more or to schedule a free initial consultation, contact us today at (800) 435-7542 or info@plblaw.com.