Education

Children with disabilities have the same rights as every student attending school in Hawaii. This includes the right to be identified, evaluated, and receive a free and appropriate public education and related services. Parents and children may work in concert with the school, but do have the right to make their own choices about placement and services.

Understanding these and additional rights can help a parent or guardian better advocate for a child at school.

For example, children with disabilities have the right to individualized educational programs (IEPs) and the support to implement them. Children with disabilities also have the legal right to be integrated into regular classrooms and have assistance when planning for transitions. Schools must be accessible to children with disabilities.

Additionally, children with disabilities have the right to freedom from discriminatory arrest, suspension and expulsion from school.

Advocates from HDRC have experience helping children with disabilities maintain their rights at school. We have helped students who have suffered various types of rights violations, including:

Abuse at school
Arrest, suspension, and expulsion
Lack of accessible communities
Lack of accessible schools and school programs
Failure to identify or provide early intervention
Failure to evaluate
Failure to develop appropriate IEP or 504 plan
Failure to provide appropriate placement in the least restrictive environment
Failure to provide transition plans
Failure to provide related services
Failure to provide assistive technology
Failure to practice disciplinary procedural safeguards
Ignoring the right to self determination