Understanding the Education of Handicapped Act: A Detailed Guide for Parents
The Education of Handicapped Act (EHA) is a federal law that was enacted to provide free and appropriate education to children with special needs. It was replaced by the Individuals with Disabilities Education Act (IDEA) in 1990, but its implementation laid the foundation for special education programs. As a parent, it’s important to understand the basics of EHA, how it impacts your child’s education, and what your rights are.
Who does EHA cover?
EHA covers children with disabilities between the ages of 3 to 21. According to the law, a child with a disability means “a child evaluated as having an intellectual, physical, or emotional handicap that adversely affects the child’s educational performance.” This includes children with autism, hearing or visual impairment, emotional disturbance, and other conditions. However, it’s important to note that having a disability doesn’t automatically qualify a child for special education services. The child must also have an educational need that can’t be met in a regular classroom.
What are your rights as a parent?
As a parent, you have the right to:
1. Request an evaluation: If you suspect that your child has a disability, you can request an evaluation from the school district. The evaluation should be conducted in a timely manner and should address all areas of your child’s suspected disability.
2. Give consent: Before any evaluation or special education services can be provided, you must give your written consent. You also have the right to revoke your consent at any time.
3. Be involved in the process: You have the right to be fully informed and involved in the decision-making process regarding your child’s education. This includes attending meetings, reviewing records, and providing input.
4. Appeal decisions: If you disagree with any decisions regarding your child’s education, you have the right to request mediation or a due process hearing.
What services are available under EHA?
EHA requires that schools provide a free and appropriate public education (FAPE) to children with disabilities. This means that schools must provide services that are tailored to meet the unique needs of each child. Some common services include:
1. Special education instruction: This can include individual or group instruction that is designed to meet the specific needs of the child.
2. Related services: These are services that are necessary for the child to benefit from special education. Examples include speech therapy, occupational therapy, and counseling.
3. Accommodations and modifications: These are adjustments to the environment or curriculum that enable the child to participate in the regular classroom. Examples include extra time on tests or the use of assistive technology.
Final thoughts
As a parent, understanding the Education of Handicapped Act is an important step in advocating for your child’s education. It’s important to work collaboratively with the school district to ensure that your child’s needs are being met and that they are receiving the appropriate services. Remember, every child is unique, and the services provided should be tailored to meet their individual needs. By understanding your rights and the services available, you can help your child succeed in school and beyond.
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