Upload
anna-moriarity-vick-ma
View
135
Download
0
Embed Size (px)
Citation preview
WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND
1
A GUIDE FOR YOUTH AGES 16-21
PEAK’s 2016 Conference on Inclusive Education
YOUTH LEADERSHIP STRAND
peakparent.org
WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND
2
SO…WHAT’S THE BIG DEAL?
If you are an advocate, it means that you stand up for someone or
something and defend this cause actively. When we are young,
we have parents, guardians, or family members to advocate for
us.
For example, when we are too young to order an ice cream cone,
a parent might ask for the cone for us. When we are too young to
write our own education plans, our parents meet with educators
and school members who are also advocates for us.
As we get older, we learn to become more independent from
these supports in our own ways. While this looks different for
each person, we all have one thing in common: As our own
advocates, we must find our voices and stand up for our rights.
Doing this is nearly impossible without building a solid knowledge
of what your rights are in the first place. Need a refresher or to
brush up on some more info? READ ON!
WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND
3
THE MORE YOU KNOW…
Take this brief quiz to test your knowledge on IDEA and the ADA – two of the most important laws
regarding rights for individuals with disabilities. IDEA stands for the Individuals with Disabilities Education
Act.
1) IDEA helps people starting at…
a. Birth
b. Third Grade
c. High school
d. Graduation
2) Students who have special education services get…
a. A teacher who stays beside them all day
b. No extra support
c. An IEP (Individualized Education Program)
d. A planner
3) Special education gives you and your teachers…
a. Ideas to support you to succeed in school
b. Information about your strengths and interests (sports, hobbies, and activities!)
c. Reports from your teachers about your work in school
d. All of the above
4) You are not protected under the Americans with Disabilities Act if…
a. You don’t sign a paper
b. You don’t tell your employer about your disability or support need
c. You work in fast food jobs
d. You get fired from your job
5) The ADA provides…
a. Help for you to do your job
b. Extra money for people with disabilities
c. Help writing a resume
d. Help only for people with physical disabilities
6) It is illegal to choose not to hire someone because of a disability if they are able to do the job.
TRUE or FALSE
7) IDEA (special education) says that students should be away from their classmates. TRUE or
FALSE
8) Buildings in public must work for use for people with disabilities (for example, ramps, elevators,
and other things to help). TRUE or FALSE
9) Children can get support through IDEA, even before kindergarten or preschool. TRUE or FALSE
10) Websites like askjan.org give us great ideas to help people be successful at work. TRUE or
FALSE
WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND
4
FIRST THINGS FIRST…A BRIGHT
“IDEA”!
We could spend ages on IDEA 2004…but here are some nuts and bolts you need to
know.
IDEA Part B provides special education services and regulations for students
with disabilities ages 3-21
IDEA Part C provides early intervention services and regulations for students
identified as eligible (developmental delay, etc.) from infancy to age 2
IDEA addresses many things you may have already run into over the years,
either for your own education or for a peer’s:
o Evaluation – Students with disabilities or those referred for evaluation for
an IEP must be tested by all relevant professionals (Occupational
Therapists, Learning Specialists, Speech Language Pathologists, School
Psychologists, Physical Therapists…and more!) so that schools can truly
know their needs and serve them best.
o Accommodations and Modifications – When a student has an IEP,
schools can do many things to support him or her in achieving success –
reading tests and quizzes out loud, giving a student preferred seating,
allowing for fidgets in classes, or providing extra time are just a few
examples!
o Discipline – Students can legally not be disciplined in school for
something directly related to their disability. This can be tricky to figure out
sometimes, which is why we have something called a manifestation
determination.
o Least Restrictive Environment – Inclusion is the name of the game
when it comes to IDEA! The “least restrictive environment”, or LRE, is the
place in which the student can participate most with peers in the general
education setting. Students must always be placed in the setting in which
they can have this at maximum while still accessing curriculum – learning
and growing!
o Free and Appropriate Public Education – Every student in the United
States is entitled to a Free and Appropriate Public Education (FAPE)! This
is something that cannot be taken away from you.
WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND
5
WHAT DOES THIS MEAN FOR ME?
Remember how we talked about advocates?
YOU are your own biggest and best advocate! Learn and know your rights so you can
take your education into YOUR OWN HANDS!
A few key things to remember:
Know your IEP – make sure you are receiving all of your services and getting all
of the help you are entitled to in the document
Reach out – Accommodations and modifications are one of the most important
parts of the document. If you are supposed to be getting extra time on exams and
it is not being provided to you, ask for it! Work with your team to make sure your
needs are being met.
Attend – In order to truly be your own advocate, it is a great idea to start attending
your IEP meetings. Talk to your parents and teachers about the dates of these
meetings each year. Being there will help you to take control of your education and
get involved in the decision-making process.
Ask for help – If you need a teacher to slow down while lecturing in class, to
provide you with an extra copy of the Powerpoint, or to give you a little extra
support during lunch to grasp a key concept, ask for it! This is what teachers are
for.
Communicate – Connect with peers with and without IEPs to create social
relationships where you can learn more about your strengths and needs. Building
a strong community makes a great difference, no matter what.
Remember, nobody knows your needs better than you do. Through advocating for
yourself, you can EMPOWER your friends, family, and school support team to ensure
that you are successful.
NOW THAT’S A GOOD IDEA!
WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND
6
WHAT ABOUT THE WORKPLACE?
After we exit school, what’s our next step? How do we know where to go from here?
This is why we have the ADA (Americans with Disabilities Act), enacted in 1990.
While the ADA is very different from IDEA, their purposes are ultimately the same – protecting
the rights of individuals with disabilities to access the community and function in life from
childhood to adulthood and beyond!
ADA is a complicated law, but here are the main ideas:
Employers are not legally allowed to discriminate against individuals with disabilities who
are “qualified” for the job – qualified meaning that they have the credentials and
experience to perform the job WITH or WITHOUT “reasonable accommodation.”
Reasonable accommodation includes adjustments that can be made to the job,
workspace, or required tasks in order to allow the person with the disability to perform
the duties required.
o An example of reasonable accommodation might be allowing someone with a
physical disability to perform a cashier’s job from a stool instead of standing
throughout the shift, giving short scheduled breaks for an individual with anxiety,
or allowing an employee to use text-to-speech support as needed.
These accommodations must be made unless they cause “undue hardship” for the
business or place of employment. This hardship is determined when finances, facilities,
sizes of staff, and other factors are taken into consideration.
Individuals are only protected by the ADA if they have disclosed their disability or
related accommodation needs to their employer.
Employers may not ask an individual if he or she has a disability before, during, or after
the hiring process, but only if he or she can perform specific tasks required for the job.
Public buildings and businesses must make their buildings and services accessible
for individuals with disabilities.
WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND
7
THE “ADA” IN MY LIFE
This might seem like a pretty cool law, but it’s important to know how this actually
breaks down FOR YOU.
There are three major areas in which the ADA can impact you at this time in your life -
depending on your own unique path.
EMPLOYMENT
Remember that an employer cannot ask you about any kind of disability in a job
or job interview – only about whether you are able to perform the essential tasks
related to the job
Remember that you can request reasonable accommodations from your
employer as long as they do not cause undue hardship on the business – see
the next page for more ideas about accommodations.
Remember that you are not protected under the ADA unless you have disclosed
your disability to your employer!
ACCESS
Remember that public facilities must comply with ADA requirements for
accessible buildings and services
Remember that there are different rules for smaller, privately owned businesses
based on business size and the concept of undue hardship, like we learned
about before
HIGHER EDUCATION
Remember that colleges and universities have offices specifically created for
“disability services” where you can talk with counselors about accommodations to
help you remain successful in higher education
Remember that college facilities must be accessible and that emergency plans
must include accessible options
Remember that you are not protected by IDEA after you graduate from high
school or transition. The rules change! Talk with your local community college or
university about accommodations through Section 504 of the Rehabilitation Act
(a different law) or ADA.
WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND
8
THE JOB ACCOMMODATION
NETWORK: “ASK JAN”
Website: www.askjan.org is a great resource for all of your accommodation questions
and needs!
askjan provides ideas for accommodations for anyone who discloses a disability
to an employer
For example:
Let’s check out askjan.com together. What are some accommodations you can think of
that might make a difference for you?
WHAT ARE MY RIGHTS? PEAK 2016 YOUTH LEADERSHIP STRAND
9
SUMMING IT ALL UP
What does it mean to be your own advocate?
What might this look like in your persona, educational or professional life?
What lessons have you learned about legal protections that you can apply as you move forward?
Journal about these questions or the quote above before you share with a friend or the whole
group.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________