Education Laws for Advocates

Parents and Advocates

It is important for parents and advocates of individuals with disabilities to be familiar with the laws that pertain to their children's education and ultimate employment. The following statutes form the basis for many of the services and supports available for children and adults with disabilities. This is not an exclusive listing of the laws that may pertain to individuals with disabilities , but will provide parents and advocates pertinent information about the right of their children in the educational and employment settings.

Statutes & Regulations

IDEA 2004 - The Individuals with Disabilities Education Improvement Act, 20 U.S.C. sec.1400; and regulations 34 C.F.R. sec.300. The IDEA was initially called the Education for All Handicapped Children Act of 1975. This is the federal law guiding special education. It entitles a child to an iIEP which provides them with FAPE and prepares them for employment and independent living. This law applies when a child has a disability and as a result of that disability requires special education services.

Section 504 Rehabilitation Act 1973 - 29 U.S.C. SEC. 794; and regulations 34 C.F.R. sec 104. The key portion of Section 504 of the Rehabilitation Act states: No otherwise qualified individual with a disability in the U.S. shall solely by reason of his or her disability, be excluded from participation in, denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by an Executive agency or by the USPS.....

ADA - The Americans with Disabilities Act of 1990; 42 U.S.C. sec. 12132; regulations at 28 C.F.R. part 35. The ADA prohibits discrimination on the basis of disability in employment, State and Local government, public accommodations, commercial facilities, transportation and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such.

NCLB - No Child Left Behind Act of 2001; 20 U.S.C. SEC. 6301; regulations at 34 C.F.R., Part 200, NCLB was previously known as the Elementary and Secondary Education Act of 1965. This federal law protects all children, those with and without disabilities. It requires schools to meet the educational needs of all children and to publicly report the school's progress each year. NCLB, among other things requires teacher to be "highly qualified", researched based instruction, and increased rights and choice for parents.

FERPA - The Family Educational Rights and Privacy Act; 20 U.S.C. sec. 1232g; regulations at 34 C.F.R. sec, 99. This federal law deals with educational records, privacy, confidentiality, and parent access to educational records, parent amendment of records, and destruction of records. FERPA applies to all agencies and institutions that receive federal funds, including primary and secondary schools, including colleges and universities.

MCKINNEY-VENTO HOMELESS ASSISTANCE ACT - 42- U.S.C. SEC. 11431 et seq. This act includes this policy statement: "Each state shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education as provided to other children, and youths...to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths.

THIS POSTING IS LEGAL INFORMATION ONLY, NOT LEGAL ADVICE

The above listed information about special education law is for grneral information only. General legal information is not the same a legal advice -which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, i strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.