5 Special Education Laws Every Parent Should Know About
Special education laws are all about students with disabilities. Read on to discover the list of special education laws here.
In the school year 2017 to 2018, 13.7% of students who enrolled had a type of disability. That amounts to 6,964,000 students all in all.
That’s quite a large number to accommodate in our educational system. But thankfully, there are laws in place to make it easier for the states and families to meet the needs of special education students. They also ensure that these students get equal opportunity in learning.
Let’s learn the importance of special education laws and how they benefit you. Here’s a list of special education laws you must know about when enrolling your child.
1. Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act or IDEA is the main law about educational services for people with disabilities. It’s a federal law that provides a guide to states. It outlines how to meet the educational needs of students with disabilities.
It started in 1990 as a modification of the Education for All Handicapped Children Act. This first allowed individuals with disabilities to receive public education.
Before the passing of this law, it was legal for states to prevent such students to receive education.
Today, state laws must provide all that the federal law requires, and they can’t contradict IDEA. They can provide greater protection for special education students, though.
As a part of its criteria, IDEA says that the disability must harm the student’s education. Their disability must also be one of the 13 listed disabilities, but states can add more.
IDEA provides free appropriate public education (FEPA). It provides everything that a student with a disability might need to get an education. This includes, but not limited to, assessment, special transportation, and specialized services.
The least restrictive environment (LRE) is also under IDEA. This states that a student with a disability should receive education alongside their chronologically aged peers whenever possible. Meaning, they can go to traditional classrooms with children who do not have a disability.
At the same time, they may receive the needed support and services. Whatever they need to take part in the classroom, they'll get under IDEA.
2. Individualized Education Program
Qualified students with disabilities must receive an individualized education program (IEP). Parents and teachers work together to develop it. You can see it as a contract between the parents and the district.
IEP requires that the educational strategy of a student with a disability be in writing. It should include the intervention and educational services that the said student will receive. Examples are accommodations and occupational therapy.
An IEP will start with an evaluation. It will also involve devising goals that are SMART. That's Specific, Measurable, Attainable, Results-oriented, and Time-bound.
These terms might change in the future along with the student’s needs. In time, the parent will also work together with the school to develop a plan for transitioning out of an IEP.
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3. Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act prohibits discrimination. To be more specific, public entities should not discriminate against students with disabilities.
This covers public elementary, secondary, and post-secondary schools. It doesn't matter whether they are receiving federal financial assistance or not.
Any public entity cannot exclude any individual, including a student, parent, or another individual from receiving the benefits of their services, activities, and programs because of disability.
It is a federal anti-discrimination statute. That means no state or district can choose to not follow it.
A student must qualify to get protection under Section 504. They must have a disability and be between 3 and 22 years of age among others.
The disability defined by federal law refers to a mental or physical impairment. It should put a limit on one or more major life activities.
It can be a behavior-, learning-, or health-related condition. It's anything that reduces a student’s ability to learn in an educational setting.
To qualify as an individual with a disability, therefore, one must have a record of such impairment and regarded as having such an impairment.
4. Elementary and Secondary Education Act
The Elementary and Secondary Education Act (ESEA) is more known as the No Child Left Behind Act. The latter is a 2002 Act that reauthorized ESEA. It includes Title I provision for students with disabilities.
This federal statute grants funding to elementary and secondary schools. It's meant as financial support for the learning of disadvantaged students. As a condition for the funds, states and public schools must focus on accountability.
They are to be accountable for the academic performance of all their students, including the ones with disabilities. Schools must have routine assessments of the students’ academic skills. The state may set the criteria themselves.
ESEA also provides incentives to schools. That is if they can raise the academic achievement of disadvantaged students. It covers students with disabilities, mobility issues, and financial problems.
This special education law also protects students who wish to use an alternative method of learning. They are free to do so if their current school is not meeting their needs.
5. Family Educational Rights and Privacy Act
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of students. It restricts access to a student’s record. That may include their grades, behavior, special needs, and more.
At the same time, it also provides the parents and students the right to access their documents. Under this Act, no educational institution can deny access to a student’s records. Whenever requested by the student or parent, a school must be able to present it.
It transfers the rights to students once they reach 18 years old or when they go beyond the high school level. Parents can no longer access their child’s educational records unless they’re permitted by law to do so.
A teacher may access these records if it’s a need in their job. But they’re not at all allowed to disclose any information to a third party.
Understand This List of Special Education Laws
As special education students have extra needs than an average student, these special education Acts are helpful. The laws make sure they’re well taken care of while having access to the type of education everyone else gets.
Understand this list of special education laws to make sure you know your and your child’s rights. Read more of our blog posts today if you need more information.