Find answers to our August 2023 e-newsletter pop quiz below:
Test Your Knowledge of Education Rights
Answers to Pop Quiz
Eligibility for educational supports and services for students with disabilities was recently extended through what age?
Last year, eligibility was extended to age 22, giving students with disabilities an additional year of school-based supports and services to help them prepare for their transition into adulthood.
Learn more: https://drcnh.org/education/eligibility-extended-to-age-22/
Educators must discuss the process of ________ with every student over the age of seventeen who has an IEP or Section 504 plan.
Voter registration.
Voter registration is part of transition planning for students with disabilities. Under the New Hampshire law, educators must discuss the process of voter registration with every student over the age of seventeen who has an IEP or Section 504 plan.
To learn more about your voting rights and download our voting rights toolkit please visit https://drcnh.org/issue-areas/voting/ or contact our office at (603) 228-0432 or mail@drcnh.org.
To be eligible for an IEP in New Hampshire, a student's disability must fit at least one of 14 categories. How many of these categories can you name?
Qualifying for an IEP
Having a medical diagnosis does not automatically qualify a student for an IEP under the IDEA. To be eligible for an IEP, the student must have a disability for which they need specialized instruction and related services to receive an appropriate education. In New Hampshire, a qualifying disability is defined as one of the 14 categories below:
- Autism
- Deaf-blindness
- Deafness
- Developmental delay for children ages 3 to 10 (DD)
- Emotional disturbance (ED)
- Hearing impairment (HI)
- Intellectual Disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment (OHI)
- Specific learning disability (LD)
- Speech or language impairment (SL)
- Traumatic brain injury (TBI)
- Visual impairment, including blindness (VI)
A meeting to develop the IEP must occur within 30 days after a student is determined eligible.
Learn more about the IDEA: https://drcnh.org/education/idea/
Is parental input required to develop or implement a 504 plan?
No. A 504 Team should consist of people who know the student and understand their needs and may include the school district’s 504 coordinator (every district must have one). However, there is no requirement for parents to participate in a 504 Team or for written parental approval of the plan itself. Many schools do routinely involve parents in the process, but they are not legally obligated to do so.
Learn more about Section 504 at https://drcnh.org/education/section-504/.
Does the ADA protect students with disabilities in religious schools?
No. The ADA does not protect students with disabilities in religious schools. However, Section 504 of the Rehabilitation Act does cover some but not all religious schools.
Learn more about the ADA: ADA Q&A: Back to School (Pacer Center)
Learn more about Section 504: https://drcnh.org/education/section-504/
Can a temporary 504 plan be put in place to support a student with a concussion or other injury?
Yes. If a student qualifies for a 504 plan due to an injury, a plan can be put in to place with accommodations, modifications, or services so that the student can fully participate in and have equal access to school.
See ‘Returning to School After a Concussion’ for more information: https://www.cdc.gov/headsup/pdfs/schools/tbi_returning_to_school-a.pdf
Additional Resources
Education
We provide information, advice, and legal representation in several areas involving children’s education including special education, school discipline and the unlawful use of restraint and seclusion.
Education and Transition Planning
Students who receive special education services are entitled to transition supports and services. Transition supports and services are included in all Individualized Education Programs (IEPs) and are designed to help children and youth with disabilities prepare for adult life.
