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IDEIA

Emotional Disabilities: 504 and IDEA Eligibility Determination

By Mariann Crincoli, Esq.   Do you have a child with emotional issues who struggles or refuses to go to school, or who is unable to complete homework despite having the cognitive ability to do so? If the answer is yes, your child may have an emotional disability that may entitle her to either accommodations under Section 504 of the Rehabilitation Act of 1973 or an Individualized Educational Plan(IEP) under the Individuals with Disabilities in Education Act. 504 Plans To be eligible for a 504 Plan, a person must have a physical or mental impairment (ie. anxiety, depression, etc.) that substantially impacts one or...

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How does the school decide if my child has a specific learning disability?

Written by  Sussan, Greenwald & Wesler Many parents know that a child with a specific learning disability may qualify to receive special education and related services. But what is a specific learning disability, and how does a school district determine if a child has one? Some parents wonder why their child who already has a diagnosed learning disability is not receiving services from their school. Federal and state law provide guidance as to what constitutes a specific learning disability for purposes of a child receiving his or her free, appropriate education, and when such a disability requires the school to classify...

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Understanding the IDEIA:

Is Your Child’s Disability Adversely Affecting Educational Performance? It can be confusing for parents to understand how their child’s disability may qualify them for services under the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA), the country’s federal special education law that ensures public schools serve the educational needs of students with disabilities. Under the IDEIA, each state must ensure that a free, appropriate public education (FAPE) is available to any child with a disability who needs special education and related services. Parents need to know that even if their child is passing his or her tests in school, and advancing...

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Decoding 504 plans: What they mean for you and your child

Written by Jayne M. Wesler Esq. As a parent, the last thing you want is for your child’s disability to affect his or her ability to succeed in the classroom. Along with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 ensures that schools receiving or benefiting from federal funding support the educational needs of a student who may have a disability that affects one or more major life activities, including, but not limited to: learning, speaking and listening, concentration, reading and writing, personal care. A 504 plan allows educators to modify a student's academic program,...

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