US accessibility law in schools

Bionic Power

Staff Writer

Introduction to accessibility law in US schools

Ableism, which is discrimination and/or prejudice based on disability, in schools is particularly harmful because these early negative experiences can be formative for kids with disabilities and can follow them throughout their lifetimes.

Ableism in the classroom can be overt, such as excluding a student in a wheelchair from a field trip due to the assumption that accommodating them would be overly burdensome or inconvenient. Some forms of ableism are more subtle but nonetheless damaging. Subtle ableism can look like designing school policies around grading and attendance without considering the physical, sensory, health, or other needs of individual students. This results in students with disabilities not having the same educational experience as their non-disabled peers, contributing to systemic ableism in education

In the United States, several pieces of legislation aim to protect the rights of students with disabilities and ensure appropriate accommodations in schools. Knowing your rights is important. Keep reading to learn about the various rules and standards that protect accessible, equitable education in the US and where to access support.

How the Americans with Disabilities Act (ADA) protects disability rights in schools

Title II of the Americans with Disabilities Act (ADA) outlaws all disability discrimination at public schools. Even if a school does not receive federal funds, it must follow several rules under the ADA. Here are some of the rules:

Schools cannot exclude a student with a disability from participating in a service, program, or activity simply because of their disability.
Educational services must take place in an integrated setting unless separate measures are required to provide equal opportunity to all students.
Non-essential eligibility rules or standards which prohibit a student with a disability to participate in a program or service are not allowed.
Students with disabilities and/or their families must not be charged for any expenses required to accommodate their disability, such as providing an interpreter or making modifications to a program to improve accessibility.
Schools must provide communication aids and services where needed unless this would fundamentally alter the program or pose an undue burden.

IDEA: the Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) ensures that all students with disabilities receive a Free Appropriate Public Education (FAPE), to which all students are entitled, which meets their individual accessibility needs. The ACT used to be known as the Education for All Handicapped Children Act (EHA) but was renamed IDEA in 1990. There are 6 pillars IDEA relies on to achieve its goals.

Individualized Education Program (IEP): The blueprint of the student’s educational path. Crafted to address the child’s specific learning needs as identified by parents, teachers, and other contributors to the curriculum.
Free Appropriate Public Education (FAPE). Guaranteeing that the student, irrespective of disability, accesses the same standard education as their classmates.
Least Restrictive Environment (LRE). Incorporating special needs students into mainstream classrooms to the greatest extent feasible.
Appropriate Evaluation: Assessment criteria that confirm the student’s correct placement, monitor their progress periodically, and provide additional support as necessary.
Parent and Teacher Participation: Ongoing, consistent, and collaborative communication between parents and educators, focused on the student’s progress and development.
Procedural Safeguards: Ensuring parents are aware of their rights and responsibilities and the processes available to review progress, engage in involvement, and resolve conflicts.

Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act clearly bans all forms of systemic ableist discrimination on a federal level. This law characterizes individuals with disabilities as “persons with a physical or mental impairment that significantly restricts one or more major life activities.” It broadens the Individuals with Disabilities Education Act (or IDEA – see our previous post to learn more about this law), which is relevant to K-12 schools, to include a wider range of children with disabilities.

Along with federal programs and agencies, Section 504 also applies to “local educational agenc(ies), vocational education systems, or other school systems,” preventing K-12 schools from excluding students from educational opportunities or extracurricular activities due to a disability.

If you believe that you or your child are experiencing ableism in the classroom (for example, through a lack of accessibility ramps on school premises or a lack of assistive communication devices), this law protects the right to accessible education at all levels of the school system.

Take action: protecting disability rights in the classroom

If you or your child are experiencing ableist discrimination at school contrary to Title II of the ADA, you can file a complaint online or by mail with the Civil Rights Division at the Department of Justice. The review process can take up to 3 months.

Another way to enforce your rights is to contact the Office of Civil Rights (OCR) at the US Department of Education. This office has the authority to investigate complaints of ableist discrimination at educational entities under the jurisdiction of the Department of Education, which includes schools, colleges, school districts, universities, libraries, and other organizations covered by laws under the OCR’s purview. There is an online complaint form where you can bring your issue to the attention of the Department of Education. The form is available in Braille and large print. Further, you can find more localized support here and access a state-level department of education, higher education agency, and/or special education agency in your state.

Navigating the education system with a disability can be challenging and ableism should not stand in the way of a quality education. If you or your child’s disability is not being accommodated at school, there are resources available to ensure fair treatment in the classroom.