People join LDA because they are seeking help
for someone with learning disabilities. This help is on an individual
basis. That’s what LDA is all about.
To be an effective advocate for people with learning disabilities,
it is important to understand the difference between what is required
by law and what is not.
States can provide more services and protections than federal law,
but they cannot provide less. For example, there is no federal law
which mandates continued education for students without disabilities
who are expelled. However, 24 states mandate such services.
The three major federal laws which protect individuals with learning
disabilities are:
- IDEA, The Individuals with Disabilities Education Act of 1997
(Public Law 104-97)
- Section 504 of the Rehabilitation Act of 1973, as amended,
and
- ADA, The Americans with Disabilities Act (Public Law 101-336)
IDEA is an entitlement. That is, any child who is found to have
a disability and to be in need of special education is entitled
to a free appropriate public education (FAPE) as defined in an Individual
Education Plan (IEP).
The protections of Section 504 and the ADA are not quite as simple.
Although they prohibit discrimination on the basis of disability,
there are limitations. The individual must have a documented disability,
and must be qualified to meet the requirements of the program or
job if provided with appropriate accommodations. However, these
accommodations must not change the essential nature of the program
and must not put an undue financial burden program provided or employer.
Laws are not written in stone. They can be amended or repealed
by Congress at any time. The proposed Norwood and Sessions discipline
amendments to IDEA are examples of this.
Laws can also be changed by Supreme Court decisions. The Sutton
decision that an individual did not qualify as having a disability
if the condition can be substantially improved, for instance by
glasses or medication, and the Garret decision that an individual
cannot sue a State for damages under the Americans with Disabilities
Act narrowed the protections of that law.
The grassroots advocate can count on the LDA national organization
to keep them posted about decisions at the federal level which affect
people with learning disabilities. National LDA needs the support
of grassroots advocates at the state and local levels to help their
members of Congress make the best possible policy decisions. However,
grassroots advocacy leaders must take the responsibility for tracking
State legislation and policy.
Parents and other grassroots volunteer leaders were the driving
forces in creating programs and services for children and adults
with learning disabilities, and in establishing the laws protecting
the rights of these individuals. Advocates must continue to work
equally hard to make sure these protections and services stay in
place.
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