ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
©1997 by Steven Pradell
Parents of children with disabilities may not be aware of their child's right to a free and appropriate public education in Alaska. In 1975, the Education for All Handicapped Children Act was passed, and in 1990, the law was amended and is now known as the Individuals with Disabilities Education Act (IDEA). Alaska's legislature has passed the Education for Exceptional Children Act. This article explores federal and state laws which pertain to the special education of children with disabilities.
The IDEA provides federal money to Alaska for the education of disabled children and requires the state to meet educational standards and to insure that certain rights of disabled children are upheld. Alaska has passed state laws which protect the rights of disabled children in an attempt to ensure that every disabled Alaskan child receives an appropriate education in the environment which is the least restrictive for that child. A least restrictive environment means that a child should be restricted from living a normal life only to the extent that it is necessary. The goal is to try to integrate the child into a regular school setting to the greatest extent possible, given the child's specialized needs and requirements. A child with special learning needs in Alaska is entitled to free services to meet those needs, regardless of the cost. School districts in Alaska are required to work with parents of disabled children to determine what the child's unique needs are and to provide the services which are required to meet these special needs. Parents actively participate in decisions effecting the child which are then put in place by the child's school.
School districts are required to provide many services for disabled children between the ages of 3 and 22, even if a child is enrolled in a private school. A child is entitled to a referral and an evaluation to determine if the child needs a special education if the child has a problem that makes it difficult to benefit from a regular classroom education. Specially trained teachers identify and evaluate disabilities, provide speech and physical therapy, special materials, counseling, transportation, medical services, vocational education, parent counseling and other programs and services that are necessary for a child's education. A disabled child is entitled to have qualified teachers who will assist the child in becoming self-sufficient and learn basic skills such as reading, writing, math and speaking.
Not all learning disabilities are obvious. Children who have a disorder which affects their ability to understand, speak, listen, think, read, write, or spell may have a learning disability. Disabled children may be physically, mentally or emotionally impaired.
After the disability has been identified and evaluated, an individualized educational program (IMP) is developed, and parents normally have a right to receive notice of this process, and to be involved, consent to and participate in the creation of an IMP. Parents who disagree with the school's decisions have a right to challenge them. Parents may request that an independent evaluation is performed at the school's expense, can ask for mediation, initiate a hearing or file an administrative appeal, complaint or a lawsuit. The U.S. Supreme court has ruled that a school which suspends a disabled child for more than ten days must consider whether the child's conduct resulted from the disability and whether the suspension is in essence a change in placement. If a change in placement is proposed, the rights of a disabled child may be triggered.
If you are disabled or a parent of a disabled child and desire to learn more about your rights and responsibilities, it may be wise to speak with a lawyer.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including children's issues, divorce, custody, child support and adoption. ©1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).