How to Protect the Rights of a Special Needs Child

Children with special needs can't take care of themselves. They rely on their parents and guardians to make sure they are protected. It can be stressful and difficult for parents if they don't know what their children's rights are let alone how to protect them. You can follow the steps below to protect the rights of your special needs child.

Things You'll Need

• Individualized Education Plan
• Lawyer
• Guardianship

Instructions

1. Create an Individualized Education Plan also called and IEP. This IEP is bound by the law and is set in place to protect your child. If something in the IEP isn't carried you can take the school to court. All schools whether private or public are required to have an IEP developed for every single special needs child. If you don't currently have one then you need to ask for one.

2. Include everything you can think of in your IEP. If you don't want your child on the bus more than 30 minutes than include that in the IEP. Place all therapy requirements, how long each therapy session will be and how many times per week that the therapy session should take place. This IEP is good for the whole year so include any summer school concerns that you have in the IEP. You should also add a 1:1 aide requirement if your child needs one. Anything that is not in the IEP does not have to be followed legally.

3. Make sure the school provides your child with all the necessary equipment or special devices. If your child needs a talker to communicate than the school is responsible to get one. If your child uses a pressure vest then it is the school's responsibility to get you one. If the school is not giving you want you need go to the principal and then the superintendent.

4. Get a lawyer. After you have exhausted all measures at the school you will need to get a lawyer. This lawyer can take the school to court, but most schools that get contacted by a lawyer will begin to cooperate with you. They would rather pay for your child's equipment than the cost of a lawyer and a court case. So sometimes you just need to hire a lawyer to scare the school into action.

5. Petition the court for guardianship of your child. When your child is about to turn 18 years old you will need to file a motion with the court to obtain legal guardianship of your child. This sounds ridiculous, but courts are very leery about taking away an individual's rights. If your child is not capable of taking care of themselves than you can win guardianship which would give you all the power to protect your child in to adult hood. If you do not obtain legal guardianship you will have no legal rights to help them should they need it.

Tips & Warnings

• Go through the proper channels at school and document each conversation you have. There is a certain chain of command that you must follow. Go to the teacher first, then the principal and finally the superintendent. If you do not succeed then you proceed to your lawyer.

• Hiring a lawyer will cost money. If the matter goes to court you should be prepared to spend a couple of thousand dollars.