Laws

Title I

Federal compensatory education programs that fund supplementary education services for low-income students in elementary and secondary schools.

Title III

Language instruction of immigrant and ESL students.

Section 504 of the Vocational Rehabilitation Act of 1973

A federal law that prohibits the denial of participation in, benefits of, or discrimination in any program or activity receiving federal financial assistance because of a documented disability, history of a disability, or the appearance of having a disability.

Section 504 plan

Although schools do not have to develop Individualized Education Programs (IEPs) for students served under Section 504, they do have to develop individual plans for students under Section 504. Section 504 does not specify the contents of the plan, but the plan must be designed to meet the needs of individual students, including specific accommodations and modifications that are necessary to meet the FAPE requirement. Students with disabilities who are protected under Section 504 and the ADA but are not eligible for IDEA services must be afforded a FAPE through a designated process. This includes referral, evaluation, program planning, placement, and reevaluation. Schools should establish policies that spell out steps that should be taken to provide these services. Schools can use the same process they use with IDEA, or they can develop a set of procedures that is specific to students who are protected by Section 504 and the ADA.

Title VII

Prohibits employment discrimination based on race, color origin, sex, and gender.

The Americans with Disabilities Act of 1990 (ADA)

extends the protections of Section 504 beyond the school and workplace to libraries, local and state governments, restaurants, hotels, theaters, stores, public transportation, and many other settings prohibits discrimination on the basis of a person's disability for all services, programs, and activities provided or made available by state and local governments

Individuals with Disabilities Education Act (IDEA)

guarantees the right to a free and appropriate education, fair and nondiscriminatory evaluation, education in the least restrictive environment, and an individualized education program (IEP)

Title II of ADA

(State and Local Government)- Nondiscrimination on the Basis of Disability in State and Local Government Services, this regulation prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973, as amended, for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (e.g., AMTRAK). This title outlines the administrative processes to be followed, including requirements for self-evaluation and planning; requirements for making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; architectural barriers to be identified; and the need for effective communication with people with hearing, vision and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice.

Free and Appropriate Public Education (FAPE)

A term used in the elementary and secondary school context; for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards

Examples of FAPE under Section 504 and ADA

1. Unlike the IDEA, which defines related services as services that are necessary to enable a student to benefit from special education, related services can be provided under Section 504 and the ADA to children who do not receive any other special education services or interventions. For example, a student may receive physical therapy and no other special service under Section 504. The key in this type of example is that the student will be discriminated against, on the basis of a disability, if physical therapy is not provided. A student who can still access an appropriate education program without physical therapy may not be eligible for physical therapy under Section 504 and the ADA. On the other hand, if the physical therapy is required to enable the child to access an education program, then physical therapy may be required, even if the student does not need any additional special education services 2. Section 504 and the ADA, like the IDEA, require that students with disabilities be educated with their nondisabled peers, to the maximum extent appropriate, while meeting the needs of the students with disabilities. This is part of the FAPE requirement of Section 504 and the ADA. Schools should always place students with disabilities with their nondisabled peers, unless the school can demonstrate that the student's education program cannot be achieved satisfactorily, with or without supplementary aids and services, in the general education setting. This mandate also applies to extracurricular activities. It would be inappropriate, for example, to send a student with a mobility impairment on a field trip on a wheelchair-accessible bus by herself. Nondisabled students would need to ride on the wheelchair-accessible bus in order to meet the inclusion requirement of Section 504 and the ADA.

Standards-based education reform

Common nationwide, this type of education reform has four basic components. First, standards are set for what students should know and be able to do at various grades. Second, curricula are designed, guided by the standards. Third, based on the curricula, teachers design individual courses and instructional strategies, including the materials and methods best suited for their students. Fourth, students are assessed at different points in their school career to determine how well schools are doing at enabling them to meet the standards. The results of these assessments are then used to hold schools accountable for how well they are educating their students. The theory behind this education reform is that by setting high standards, shaping curriculum and instruction to meet them, and holding schools accountable for how well students meet the standards, educational quality will rise for all students. Assessment is key to ensuring that school reform initiatives actually deliver quality education. The purpose of these assessments, often called "large-scale assessments," is to gather information that shows whether schools are successfully teaching students the standards. This information is then used to identify weaknesses in schools and to make necessary improvements. Assessment is the way that standards-based education reform holds schools accountable for student learning and achievement.

some copyright laws

Copyright laws are designed to protect the creators of intellectual property, including videos, texts, computer software, music, and other creative products. Teachers must follow fair-use guidelines when copying material for students; they cannot simply photocopy multiple articles or chapters of a text, nor can they make one copy and post it on the Internet. Teachers may legally tape a television show for class use within several days of taping; they cannot, however, legally keep the tape and show it every year. Librarians and media specialists are good resources for copyright laws, which are complex and frequently updated to address new media and material on the Internet.

Free Appropriate Public Education (FAPE)

Guaranteed by the Individuals with Disabilities Education Act (IDEA), this is defined as "special education and related services that A) are provided at the public's expense, under public supervision and direction, and without charge, B) meet the standards of the State educational agency, C) include an appropriate preschool, elementary, or secondary school education in the State involved; and D) are provided in conformity with the individualized education program under section 614(d). (Pub. L. No. 94-142, § 602(9))"[2] To provide this, schools must provide students with an "... education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living." Some of the criteria specified in various sections of the IDEA statute includes requirements that schools provide each disabled student an education that: Is designed to meet the unique needs of that one student Provides " ...access to the general curriculum to meet the challenging expectations established for all children" (that is, it meets the approximate grade-level standards of the state educational agency.) Is provided in accordance with the Individualized Education Plan (IEP) as defined in 1414(d)(3). Results in educational benefit to the child.

IDEA Procedural Safeguards

IDEA includes a set of procedural safeguards designed to protect the rights of children with disabilities and their families, and to ensure that children with disabilities receive a FAPE. The procedural safeguards include the opportunity for parents to review their child's full educational records; full parent participation in identification and IEP team meetings; parent involvement in placement decisions; Prior Written Notice; the right of parents to request independent educational evaluations at public expense; Notice of Procedural Safeguards; Resolution Process; and objective mediation funded by the state education agency and impartial Due Process Hearings. IDEA guarantees the following rights to parents: 1. Access to educational records 2. Parent Participation (In any and all meetings regarding placement and educational decisions) 3. Prior Written Notice (Anytime anything will be changed in a student's IEP their parents must first be notified) 4. Procedural Safeguards Notice (A written copy should be provided to parents under federal and state law) 5. Understandable language (Translators must be provided when needed) 6. Informed Consent (Before any evaluations or services are provided the student's parents must be informed and agree in writing before the school can move forward) 7. "Stay Put" Rights (If parents disagree with the school's decision the student can stay put while the parents and school go through dispute resolution) 8. Due Process (If a parent has a dispute with the school about their student's special education placement or teaching a process called due process is used to resolve issues; both parties are then able to tell their sides of the story in a court like setting) 9. Civil Action (If due process results are not to the liking of the parent or the school a civil lawsuit can be filed) 10. Mediation (An alternative to due process hearings)

Differences between IDEA, Section 504 and ADA

IDEA includes federal funding while Section 504 and ADA do not. Eligibility definition is the key: Under IDEA, individuals must fall into certain defined categories for eligibility and they must need special education. If a student is not determined to have one of these disabilities, but the student needs special education, then the student is not eligible for services under IDEA. (ex. ADHD, Asthma, children with learning disabilities but whose discrepancy between ability and achievement is not significant enough to warrant special education) Section 504 and ADA - Eligibility is based on the functional impact of a physical or mental impairment that effects one or more major life functions. Much broader definition and learning does not need to be the major life activity impacted to qualify for special education services. Section 504 applies only to those institutions that receive federal funds. ADA applies to almost every entity in the US regardless of the receipt of federal funds. IDEA is age restricted. Section 504 and ADA are not. Individuals are covered from birth to death. Section 504 and ADA require disabled students to have equal access to the same academic curriculum as well as in nonacademic extracurricular activities. Students protected by Section 504 and the ADA must also have equal access to health services, recreational activities, athletics, student employment, clubs, specific courses, and field trips. IDEA does not designate extracurricular activity protection.

Section 504, Rehabilitation Act

Is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). This law provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ." OCR enforces this law in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations of this law require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under this law, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met. An appropriate education for a student with a disability under these regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services. To be protected under this law, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The regulatory provision of this law requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under this law. Requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and this regulation provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent. Periodic re-evaluations are required. Also required before a significant change in placement.

Individuals with Disabilities Education Act (IDEA: In-Depth)

Is a four-part (A-D) piece of American legislation that ensures students with a disability are provided with Free Appropriate Public Education (FAPE) that is tailored to their individual needs. It was previously known as the Education for All Handicapped Children Act (EHA) from 1975 to 1990. In 1990, the United States Congress reauthorized EHA and changed the title. Overall, its goal is to provide children with disabilities the same opportunity for education as those students who do not have a disability. It is composed of four parts, the main two being part A and part B.[1] Part A covers the general provisions of the law, Part B covers assistance for education of all children with disabilities, Part C covers infants and toddlers with disabilities which include children from birth to age three, and Part D is the national support programs administered at the federal level. Each part of the law has remained largely the same since the original enactment in 1975. In practice, it is composed of six main elements that illuminate its main points. These six elements are: Individualized Education Program (IEP), Free and Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), Appropriate Evaluation, Parent and Teacher Participation, and Procedural Safeguards. To go along with those six main elements there are also a few other important components that tie into it: Confidentiality of Information, Transition Services, and Discipline.

Title IX

Prohibits gender discrimination in federally funded education programs.

Title IV

Prohibits recipients of federal financial assistance from discrimination.

Individualized Education Program

The cornerstone of IDEA, this is a document that is developed for each public school child who needs special education. It is created through a team effort, reviewed periodically. When a child qualifies for services, an designated team is convened to design an education plan. In addition to the child's parents, the team must include at least one of the child's regular education teachers (if applicable), a special education teacher, someone who can interpret the educational implications of the child's evaluation, such as a school psychologist, any related service personnel deemed appropriate or necessary, and an administrator or CSE (Committee of Special Education) representative who has adequate knowledge of the availability of services in the district and the authority to commit those services on behalf of the child. Parents are considered to be equal members of the team along with the school staff. Based on the full educational evaluation results, this team collaborates to write a document for the individual child, one that will provide a free, appropriate public education. This document defines the individualized objectives of a child who has been determined to have a disability or requires specialized accommodation, as defined by federal regulations. It is intended to help children reach educational goals more easily than they otherwise would. In all cases, it must be tailored to the individual student's needs as identified by the evaluation process, and must especially help teachers and related service providers (such as paraprofessional educators) understand the student's disability and how the disability affects the learning process. It describes how the student learns, how the student best demonstrates that learning and what teachers and service providers will do to help the student learn more effectively. Developing this requires evaluating students in all areas related to the suspected disabilities, simultaneously considering ability to access the general curriculum, considering how the disability affects the student's learning, forming goals and objectives that correspond to the needs of the student, and choosing a placement in the least restrictive environment possible for the student.

Americans with Disabilities Act (ADA)

This became law in 1990. It is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. It gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life. In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made a number of significant changes to the definition of "disability." The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees); Title II (programs and activities of state and local government entities including public schools); and Title III (private entities that are considered places of public accommodation).