Advocating for African American families with children who learn differently.
The Law&Defining a Learning Disability
The federal law that supports special education and related service programming for children and youth with disabilities is called the Individuals with Disabilities Education Act (IDEA). It entitles all eligible school-aged children and youth with disabilities to receive a "free appropriate public education." The regulations for this law define a learning disability as "a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia."
However, learning disabilities do not include, "learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage." 34 Code of Federal Regulations S300.7(c)(10)
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Characteristics of a Child with a Learning Disability Learning disabilities in school children are characterized by a significant difference in achievement as compared to his or her overall intelligence. While quite normal, even above average or exceptional in many respects, children with learning disabilities tend to interpret differently what they see or hear . . .
Individuals with Disabilities Education Act (2004 Reauthorization) IDEA 2004, originally the Education of All Handicapped Children Act, is one of the most important civil rights laws ever written. It was enacted over 25 years ago and has been amended several times. Unfortunately, there are reports of widespread noncompliance by the majority of states. Psychologists: Accessing Special Education Services Under IDEA Before a child with a disability can receive special education and related services for the first time, a full and individual initial evaluation of the child, must be conducted. Informed parent consent is required before this evaluation may be conducted.
Section 504 Rehabilitation Act of 1973 Sometimes children with special needs do not qualify for special education services but he or she might be eligible for a "504 Plan." Section 504 of the Rehabilitation Act of 1973 is a federal statute that protects individuals with disabilities from discrimination in programs that receive federal funds. No Child Left Behind Act (2001) The No Child Left Behind Act of 2001 (NCLB) is the nation's major federal law for education in grades pre-kindergarten through high school. It was originally known as the Elementary and Secondary Education Act of 1965 (ESEA), which was enacted to address the inequality of educational opportunity for economically underserved children.
Attorneys and Legal Action Although the AACLD does not make recommendations or provide endorsements for services, this information is provided as a source for parent review and determination of need for services.
