Special Education Laws to Know for Foundations of Education

Special education laws are crucial for ensuring that students with disabilities receive the support they need. These laws, like IDEA and ADA, promote equal access, individualized education plans, and parental involvement, creating a more inclusive educational environment for all learners.

1. Individuals with Disabilities Education Act (IDEA)

   • Ensures that children with disabilities receive a free appropriate public education (FAPE) tailored to their individual needs.
   • Requires schools to develop an Individualized Education Program (IEP) for each eligible student.
   • Mandates parental involvement in the decision-making process regarding their child's education.

2. Section 504 of the Rehabilitation Act

   • Prohibits discrimination against individuals with disabilities in programs receiving federal funding.
   • Requires schools to provide accommodations and modifications to ensure equal access to education.
   • Covers a broader range of disabilities compared to IDEA, including those not classified as educationally disabling.

3. Americans with Disabilities Act (ADA)

   • Provides comprehensive civil rights protections for individuals with disabilities in all areas of public life, including education.
   • Ensures that schools and educational institutions are accessible to students with disabilities.
   • Prohibits discrimination based on disability in employment, transportation, and public accommodations.

4. Every Student Succeeds Act (ESSA)

   • Replaces No Child Left Behind Act, emphasizing accountability and flexibility for states and schools.
   • Requires states to develop plans to improve educational outcomes for all students, including those with disabilities.
   • Promotes the use of evidence-based practices to support student achievement.

5. Family Educational Rights and Privacy Act (FERPA)

   • Protects the privacy of student education records and grants parents the right to access their child's records.
   • Requires schools to obtain written consent before disclosing personally identifiable information.
   • Allows parents to request amendments to records they believe are inaccurate or misleading.

6. No Child Left Behind Act (NCLB)

   • Aimed to improve educational outcomes for all students, with a focus on accountability and standardized testing.
   • Required schools to demonstrate adequate yearly progress (AYP) for all student subgroups, including those with disabilities.
   • Emphasized the importance of highly qualified teachers in every classroom.

7. Assistive Technology Act

   • Promotes the availability of assistive technology devices and services for individuals with disabilities.
   • Provides funding for states to develop programs that enhance access to assistive technology in educational settings.
   • Encourages collaboration between schools, families, and service providers to support students' needs.

8. Least Restrictive Environment (LRE) provision

   • Requires that students with disabilities be educated alongside their non-disabled peers to the maximum extent appropriate.
   • Emphasizes the importance of inclusion and access to general education settings.
   • Mandates that removal from the regular education environment occurs only when necessary.

9. Free Appropriate Public Education (FAPE) requirement

   • Guarantees that students with disabilities receive an education that meets their unique needs at no cost to their families.
   • Ensures that educational services are provided in accordance with the student's IEP.
   • Aims to prepare students for further education, employment, and independent living.

10. Individualized Education Program (IEP) mandate

    • Requires the development of a written IEP for each student with a disability, outlining specific educational goals and services.
    • Involves a team approach, including educators, parents, and specialists, to create a tailored educational plan.
    • Must be reviewed and updated annually to reflect the student's progress and changing needs.