Stephen Griffin, a 4th grader, has just been identified as a
student with exceptionality, primarily Autism, secondarily Hearing Impaired. His parents are struggling to understand how the law protects him, what their privacy rights are, where he will be placed in the classroom, and how the major provisions of new laws will support him in his learning.
My name is Melanie Dean and I am dual-certified in Elementary
Education PreK-Grade 4 and Special Education PreK-Grade 8. Im currently pursuing my Masters Degree and will additionally be certified in Grades 4-8 with an English Concentration. I am teaching at South Park School District as the 2nd Grade Learning Support Teacher.
First and foremost, Stephen will be provided with a Free Appropriate
Public Education (FAPE) because of his primary disability of Autism and secondary disability of Hearing Impairment. What this means is, Stephen will be provided with a free education and any supports necessary to meet the needs of his disabilities. Very similar to FAPE is IDEA or The Individuals with Disabilities in Education Act, which is the law that makes FAPE available to Stephen. Under IDEA and with Stephens disability category, he is eligible under this law to receive special education services and other related services based on his Individualized Education Plan (IEP) goals, needs, and SDIs (specially designed instruction.) IDEA also sets standards in his school to ensure he will receive the related services he needs due to his hearing impairment. IDEA will ensure Stephen receives all services he needs throughout his time in school. Based on Stephens needs set forth in his IEP, Stephen will be placed in his Least Restrictive Environment (LRE) with being given his best possible change to succeed and meet his goals.
Stephen will always be protected both under the Americans with
Disabilities act of 1990 (ADA) and Section 504 of the Rehabilitation Act. ADA is a civil rights law the will protect Stephen from discrimination based on his disability categories. All physical and mental impairments are protected under ADA. Additionally under Section 504 of the Rehabilitation Act, Stephen is provided with certain rights and ultimate protection legally. The legal protection ensures Stephen is receiving what he needs in order to succeed in his education and meet his goals set forth in his IEP. Another way Stephen is protected in his education is under The Family Educational Rights and Privacy Act (FERPA) and The Health Insurance Portability and Accountability Act (HIPAA.) Under FERPA, Stephens educational records, including demographic information is ultimately protected and safe. This includes but is not limited to his name, phone number, email address, and student ID number. Under HIPAA, Stephens medical information and files are protected as well. All health information is kept private, protected, and confidential within the school district he attends. On a different end, Stephen is always protected under No Child Left Behind (NCLB) by being provided with accommodations if he qualifies as a disadvantaged student. Under NCLB, teachers are trained appropriately, students are assessed in the most effective and beneficial way possible, and funding is split as needed to focus on student success in education. Under The Elementary Education and Secondary Education Act (ESEA) Stephen is given a full educational opportunity in his school district to ensure his unique needs are being met and he is receiving a quality education based on his educational level. Lastly, one of the more recent acts that were signed in 2015 by President Obama known as The Every Student Succeeds Act (ESSA), immensely would benefit Stephen as well. Under ESSA, Stephen would be protected as a high-need student by ensuring vital and important information is provided to Stephens teachers and to the community. Additionally under ESSA, Stephen will be tested annually through State Assessments or Alternative Assessments (depending upon his IEP recommendations) to ensure his progress is being measured and monitored by his teachers and support staff.