Let’s Talk About: Special Education Law

When someone talks about “The Special Education Law,” they are likely talking about The Individuals with Disabilities Education Act (IDEA) (aka. The Individuals with Disabilities Education Improvement Act (IDEIA).)  However, there are other laws related to Special Education as well. 

Let’s talk about IDEA/IDEIA first. 

IDEIA is the United States federal law that governs how states must provide special education to children with disabilities. IDEIA requires school districts to provide a “free appropriate public education” (FAPE) in the “least restrictive environment” (LRE). 

There are four primary purposes of IDEIA:

1. Ensure all students with disabilities have a free, appropriate public education emphasizing special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. 

2. Ensure the rights of students with disabilities and their parents/guardians are protected.

3. Assist states, localities, educational service agencies, and federal agencies in providing for the education of all students with disabilities

4. Assess and ensure the effectiveness of efforts to educate students with disabilities. 

If you want to read the law yourself, click here

However, this IDEA Parent Guide provided by the National Center for Learning Disabilities is user-friendly.

IDEIA provides us with FAPE and LRE, which stipulate that a student with a disability must be educated with their non-disabled peers (with any appropriate services, accommodations, or modifications provided) to the maximum extent appropriate.  

We will talk about LRE in another blog. 

Next, let’s talk about Section 504 of the Rehabilitation Act of 1973.

Section 504 of the Rehabilitation Act is a federal anti-discrimination law for persons with disabilities.  It prevents any entity receiving federal funding (including all public schools and many private ones) from discriminating against a person with a disability and requires the entity to provide “reasonable accommodations.” Under Section 504, federally funded schools must provide a Free and Appropriate Public Education (FAPE) to children with disabilities, including reasonable accommodations for their learning and school activities (extracurricular activities) that allow students with disabilities to participate successfully. 

As we all know, “appropriate accommodations” vary tremendously depending on the student and their needs. Examples of accommodations are:

• physical modifications, such as accessible restroom stalls, 

• learning accommodations, such as visual aids or note-taking assistance, 

• less tangible supports, such as behavior intervention plans. 

When a school determines a student qualifies for accommodations under Section 504, the document in which the student’s accommodations are spelled out is typically referred to as a “504 Plan.”

Finally, let’s talk about Title II of the Americans with Disabilities Act of 1990.

Most people are aware of the Americans with Disabilities Act (1990), an anti-discrimination law like Section 504 of the Rehabilitation Act. But how many people know the educational implications of Title II of the Act?

The ADA made it illegal for any entity offering services or goods to the public to discriminate against someone based on a disability. How is this different than Section 504?  504 controls federally funded public schools (or private schools receiving federal funds). But what about private schools and colleges that do not receive federal funding??? ADA to the rescue! Title II of ADA requires:

1. “reasonable accommodations” be made for people with disabilities 

2. public and commercial facilities be made accessible to all. 

ADA is a broad-reaching law and protects anyone with “a physical or mental impairment which substantially limits one or more life activities.” It is not limited to specific categories of disability. There is no time or age limit on ADA.  Its protection for individuals with disabilities is lifelong, extending through post-secondary school, employment, and community settings.

IDEIA, Section 504 of the Rehabilitation Act, and Title II of the ADA are the “Special Education Laws” all parents and loved ones of children with disabilities should be familiar with. These laws protect the civil rights of children (and people) with disabilities.  

Would you let someone take away your right to vote, right to a fair trial, or freedom of religion? The student in your life has the right to the accommodations necessary to participate in a free and appropriate public education in the least restrictive environment for their specific needs. Don’t let anyone take that from them.