Legal Rights

divduals with Disabilities Education Act's website

The Indivduals with Disabilities Education Act's website is: http://www.ed.gov/offices/OSERS/IDEA/

Good web site for info on other LD Laws

Another web site that great for LD laws wrightslaw.com.

Reed Martin, J.D. Special Education Law & Advocacy Strategies: http://www.reedmartin.com

Disability Rights Education and Defense Fund (DREDF): PRESERVEidea@DREDF.ORG

Web site from the U.S. House of Representatives to help improve Individuals with Disabilities Education Act (IDEA): Please write-in your "Great IDEAs," to: http://edworkforce.house.gov

Materials available from the equal employment opportunity commission

The ADA: Your Employment Rights as an Individual with a Disability, 11-page booklet in a question and answer format addressing common questions about the Act from people with disabilities.

Federal Register, 29 CFR Part 1630, (7/26/91), final regulations issued by the EEOC and the U.S. Department of Labor's Office of Federal Contract Compliance Programs, for complaints/charges of employment discrimination based on disability filed against employers holding government contracts/subcontracts.

Federal Register, 28 CFR Part 37, 29 CFR Part 1640, (4/21/92), proposed coordination procedures between EEOC and the U.S. Department of Justice for complaints or charges of employment discrimination based on disability subject to the ADA and Section 504 of the Rehabilitation Act of 1973.

Facts about the Americans with Disabilities Act, 1-page overview of the ADA.

Facts About Disability-Related Tax Provisions, 1-page overview of ADA-related tax credits and deductions.

Equal Employment Opportunity Is the Law, poster containing recommended language for employers to meet ADA and Title VII of the Civil Rights Act requirements to provide notice to applicants and employees of equal employment opportunity protections.

A Technical Assistance Manual on the Employment Provisions of the ADA, 180-plus page manual providing guidance on the practical application of legal requirements established in the statute and EEOC regulations, a directory of resources to aid in compliance, which will be updated periodically.

The fact sheets, booklets, and poster are available in Spanish. The poster is also available in Mandarin Chinese. The booklets, fact sheets, regulations, and manual are available in the following accessible formats: Braille, large print, audio cassette, and computer disk.

ORDERING INFORMATION:

To order any of the above publications, call 800-669-3362 (Voice) or 800-800-3302 (TDD), or write:

EEOC, Office of Communications and Legislative Affairs

1801 L. Street, NW

Washington, D.C. 20507

When ordering, please specify which format and/or language you would like.

NOTE: Print copies of the ADA Handbook may be ordered from the U.S. Department of Justice at the following address: Geraldine Bethay, U.S. Department of Justice, 1333 F St., NW, 6th Floor, Washington, D.C. 20004. The ADA Handbook in Braille, large print, audio cassette and computer disk may be ordered from the U.S. Department of Justice at the following address: U.S. Department of Justice, Office on the Americans with Disabilities Act, PO Box 66738, Washington, D.C. 20035-9998. Source: Equal Employment Opportunity Commission - December 1992 EEOC-RL-ADA

Accurate assessment and appropriate help.

In the school system, learning disability is a term used to describe a child who has unexpectedly underachieved in the classroom, who is not mentally or emotionally disabled. In 1975, landmark federal legislation was passed with special funding to help learning disabled children have equal opportunities in our educational system. To qualify for special help, a learning disabled child has to have a discrepancy between IQ and achievement in the classroom. A lot of the professional debate relates to what is the best discrepancy formula. There are 15 categories of disability. Learning Disabilities (LD) is the largest with 52 percent of the total. Gresham points out that from 1977 to 1993 the diagnosis of LD increased nationally by 198 percent while mental retardation fell by 41 percent. His main point was that LD is becoming a catchall umbrella category for all under achievement. The truly learning disabled child is mixed in with a garden variety of low achievers, children with emotional and behavioral problems and mental retardation. Decisions are made based on where the money is, availability of teachers and space, budget and other political/legal considerations. Over identification and over labeling of LD hurts the genuine LD student. Fifty percent of LD students also have Attention Deficit Disorder. LD children often have significant emotional and behavioral problems. Some children may have more than one problem. Gresham emphasizes that learning disability programs need to address social skill deficits, acting out behavior, attention problems and academic goals simultaneously. These problems have reciprocal effects. He recommends programs that teach phonics, skills based on direct instruction techniques. California's misguided experiment with a whole language method to address learning disabilities actually made learning more difficult. He likes the Distar reading program developed by the University of Oregon. Choral reading, choral feedback, teaching of lending skills and repetition are key components.

American Bar Association - Child Advocacy and Protection Center

740 15th Street, NW

Washington, DC 20005

Telephone: (202) 662-1000

National Council of Juvenile and Family Court Judges

P.O. Box 8978

Reno, NV 89507

Telephone: 702/784-6012

Send for the Bench Book on learning disabilities for juvenile and family court judges, Juvenile & Family Court Journal: Learning Disabilities and the Juvenile Justice System. Written with a grant from the National Center for Learning Disabilities. ($10)

Camdenton school loses disabilities appeal

Online archives from the Lake Sun Leader. Starting May, 1999

December 23, 2001

Camdenton school loses disabilities appeal

Parents of student with dyslexia press for teaching improvement

By Joyce L. Miller

CAMDENTON - According to a decision handed down by the Missouri Western Court of Appeals, school districts across the state including Camdenton need to do a better job of educating students with special needs.

The decision is seen as a victory for parents and advocates of children with disabilities who believe schools are falling short of their responsibility to provide an appropriate education. School districts are keeping their attention focused on what happens next.

Camdenton Superintendent Ron Hendricks said his school has been following federal guidelines for educating students with special needs but is now being told by the court that they need to follow state guidelines that set higher standards.

The case involving a Camdenton student and the district ended up in the appeals court after a Cole County court decision ruled in favor of the district.

Hendricks said he expects the district will appeal the decision. If it stands, he said it will have an impact statewide since schools have traditionally followed the federal guidelines.

Hendricks said the school's education plan for the student who's family filed the complaint met federal requirements. He said the district felt it was doing it's job. The school's position was reinforced by a due process panel that looked at the case and a judge.

The decision handed down late last week was the result of a lawsuit filed by Missouri Protection and Advocacy Services on behalf of a Camdenton student diagnosed with dyslexia.

According to Missouri Protection and Advocacy Services, the decision places new responsibilities on schools saying they must now maximize "the capabilities of students with disabilities."

In its decision the court found that Missouri's law provides greater protection for students with special needs than the federal law.

Micheal Finkelstein, the attorney who handled the case for the student, said the schools have been following a standard that only has to "provide educational benefit to students."

"As such, schools were able to minimally educate students with disabilities without regard to the capabilities of the student," Finkelstein said. "The ruling changes everything. No longer can schools get by with doing just enough to get by."

Missouri Protection and Advocacy Services is a federally-funded agency that provides legal assistance to people with disabilities.

Sherry Lagares, the mother of the student, said her child was not receiving the educational benefits she felt he was entitled to under federal and state laws that mandate students with disabilities receive a "free and appropriate education."

Lagares said the decision means the district will be required to focus on maximizing her son's capabilities instead of just meeting his basic needs.

"They weren't teaching him to read and write do math," she said. "I hope the district recognizes that students with dyslexia and other special needs deserve and are entitled to the same type of education as other students."

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"Those who have grown up with dyslexia, without being aware of the nature of the dysfunction, need understanding, both of themselves and others. They may need to learn to appreciate themselves so that they look beyond their limitations and exploit their strengths as an adult. Dyslexia is a disability, and to overcome you must do " from the book *DYSLEXIA MY LIFE

You can write with any question or comments to:

The Gifted Learning Project,10E 135TH ST #481551, Kansas City, MO 64148-1551