Special Education Law

This section covers just the basics of special education law and is not offered as legal advice. It's just a primer for parents who don't understand what "504" and "IDEA" mean. If you need a lawyer, find an expert in special education law, as it's a field unto itself. The more comprehensive your understanding of the law, the more empowered you are to advocate effectively for your child.

The law was written to encourage you to be an active, equal participant in all meetings and decisions regarding your child's education. Within the realm of public education, there are two primary laws that protect children with disabilities.

Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act is a civil rights education law administered by the Office for Civil Rights. It basically states that anyone who receives federal funds cannot discriminate against a person who has a disability. (While the term disability is preferred to the word handicap, the law was written in the 1970's and actually contains the term "handicap".) Requirements of the law that you should know are:

• That handicapped persons, regardless of the nature or severity of their handicap, be provided a free appropriate public education.

• That handicapped students be educated with nonhandicapped students to the maximum extent appropriate to their needs.

• That educational agencies undertake to identify and locate all underserved handicapped children.

• That evaluation procedures be improved in order to avoid the inappropriate education that results from the misclassification of students.

• That procedural safeguards be established to enable parents and guardians to influence decisions regarding the evaluation and placement of their children.

The law also says: "These requirements are designed to ensure that no handicapped child is excluded from school on the basis of their handicap; and, if a recipient demonstrates that placement in a regular educational setting cannot be achieved satisfactorily, that the student is provided with adequate alternative services suited to the student's needs without additional cost to the student's parents or guardian."

Therefore, if a district can't meet the needs of a child within its district and requires an alternative education setting, the school district is responsible for paying for that education.

Under this law, every child is entitled to a free appropriate education. "Appropriate" means the child's education must be "meaningful", in other words, not just a token effort. It doesn't guarantee what progress the child will make; it does mean the district must make a good faith effort to see that the child makes progress, and has documented the positive strategies and supports given the child and teacher. Another interpretation says appropriate means "an education comparable to the education provided to students without disabilities." "Handicapped person" means any person who has a physical or mental impairment which substantially limits one or more "major life activities", has a record of such an impairment, or is regarded as having such an impairment. "Major life activities " means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

"Learning" is a keyword here for many children, particularly those with invisible conditions such as learning disabilities or Attention Deficit Hyperactivity Disorder. Accommodations can be requested for a child with a disability that impacts his or her education. Accommodations might include shortened assignments, note takers, preferential seating, oral or alternative testing, regular use of a computer, use of a calculator, etc.

It requires the district to provide an individualized program "designed to provide educational benefit". Often a school will write an Individual Education Plan or IEP, so that eveyone knows what to do to help this child be successful. It can also afford protection for behaviors that are related to the disability.

This law is often enough to enable a child to receive the accommodations needed for academic success. However, if a child's disability impacts him/her seriously enough to require special services, such as special education teachers, therapists, or a dramatic divergence from the regular education program, then the child may fall under the protection of the Individuals with Disabilities Education Act, or IDEA. To qualify, a child must be referred for an educational evaluation by a multidisciplinary team, meaning several people with expertise in different areas.

Individuals with Disabilities Education Act (IDEA)

If a child's academic progress is seriously impacted by a disability, then there should be a referral for an educational assessment. This assessment should be conducted by a "multidisciplinary team" made up of several individuals with expertise in different areas, one of whom has expertise in the area of the disability. There can be no one-test assessment, or all tests done by just one person. The law is clear on this point.

With the recent release of the new IDEA regulations come additional safeguards for parents. The new law, reauthorized in 1997, is adamant about the parents being active participants in any educational placement or services for a child with a disability. It is more parent-friendly and will provide accountability through objective measurement of progress towards the child's individual goals and short-term objectives.