Key Components of Special Education Laws

Students with Disability and Inclusion Laws

As an Education Consultant focused on Special Education Laws and rights, I want to take a moment to highlight important laws that have fundamentally changed the way students with disabilities are taught in the United States. Over the years, several pivotal pieces of legislation have been enacted to ensure that students with disabilities receive the support, accommodations, and educational opportunities they need to succeed academically and participate fully in society. The most significant laws in special education include the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), the Family Educational Rights and Privacy Act (FERPA), and the Every Student Succeeds Act (ESSA).

### Individuals with Disabilities Education Act (IDEA)

Originally enacted in 1975 as the Education for All Handicapped Children Act (Public Law 94-142), the Individuals with Disabilities Education Act (IDEA) has undergone several reauthorizations and amendments to better serve students with disabilities. Renamed IDEA in 1990, this landmark law mandates that children with disabilities are entitled to a free and appropriate public education (FAPE) in the least restrictive environment (LRE). This means that students with disabilities should be educated alongside their non-disabled peers to the greatest extent possible.

IDEA encompasses several key components:

1. **Individualized Education Program (IEP)**: IDEA requires that each student with a disability have an IEP, a document that outlines the student's specific learning needs, goals, and the services and supports that will be provided. The IEP is developed collaboratively by a team that includes the student's parents, teachers, and other school staff.

2. **Least Restrictive Environment (LRE)**: IDEA emphasizes that students with disabilities should be educated in the LRE, which means they should spend as much time as possible with their non-disabled peers. Placement decisions must be based on the individual needs of the student, not on the availability of services.

3. **Procedural Safeguards**: IDEA provides parents with important procedural safeguards to ensure their rights and the rights of their children are protected. These safeguards include the right to participate in meetings, examine educational records, and seek resolution through mediation or due process hearings if disagreements arise.

4. **Early Intervention Services**: For children from birth to age three who have developmental delays or disabilities, IDEA Part C provides early intervention services. These services are designed to help young children develop critical skills and are typically provided in the child's home or another natural environment.

5. **Transition Services**: IDEA requires that transition services be included in the IEP by age 16 (or younger if appropriate). These services are designed to prepare students for life after high school, including postsecondary education, vocational training, employment, and independent living.

### Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. This law ensures that students with disabilities have equal access to an education and may require schools to provide accommodations and

Maureen Brown

Ask the Advocate, LLC, Special Education and Placement Consulting.

http://asktheadvocate.org
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