Special Needs Students: Legal Rights And Education Equality

In the United States, there are several laws that protect the rights of students with disabilities and ensure they receive an appropriate education. The Individuals with Disabilities Education Act (IDEA) is one of the most important pieces of legislation in this area, guaranteeing a free and appropriate public education (FAPE) for students with disabilities and requiring that they be educated in the least restrictive environment (LRE) necessary to meet their needs. Other key laws include Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against students with disabilities, and the Americans with Disabilities Act (ADA) of 1990, which ensures equal access to public accommodations for people with disabilities, including in schools. These laws work together to ensure that students with special needs have the same opportunities as their peers and are not discriminated against in the educational context.

The Individuals with Disabilities Education Act (IDEA)

The IDEA is composed of four parts: Part A covers the general provisions of the law; Part B covers assistance for the education of all children with disabilities; Part C covers infants and toddlers with disabilities, including children from birth to age three; and Part D consists of the national support programs administered at the federal level.

The IDEA places two main responsibilities on states and their public schools. Firstly, school districts must provide a FAPE to children with disabilities. Secondly, schools must give parents a voice in their child's education, providing them with specific rights and protections, known as procedural safeguards.

The IDEA covers children from birth through high school graduation or age 21, whichever comes first. It also includes public magnet and charter schools, and may impact some students in private schools.

To qualify for IDEA services, a child must have a disability that falls under one of 13 categories, and need special education to make progress in school. These categories are:

• Emotional disturbance
• Intellectual disability
• Multiple disabilities
• Orthopedic impairment
• Other health impairment (includes ADHD)
• Specific learning disability (includes dyslexia, dyscalculia, dysgraphia, and other learning differences)
• Speech or language impairment
• Traumatic brain injury
• Visual impairment, including blindness

To receive special education services under the IDEA, an evaluation must be conducted to determine if a student has a disability and what services and support they might need. If a child is deemed eligible, a school team will work with their parents to develop an Individualized Education Program (IEP). This is a legal document that outlines the child's education goals, as well as the services and support the school will provide.

The IDEA guarantees parents access to their child's educational records, and the right to dispute any issues with the school district through a neutral third party.

Section 504 of the Rehabilitation Act

Special education laws in the United States have been designed to prevent discrimination by educational institutions against individuals with disabilities and ensure that students with disabilities have equal access to educational opportunities. Section 504 of the Rehabilitation Act of 1973 is one such law that protects the rights of students with disabilities.

While the Individuals with Disabilities Education Act (IDEA) has specific definitions for the disabilities that qualify a child for special education services, Section 504 is more general. It covers multiple impairments that can affect a child's ability to access education. Under Section 504, there must be equal access to educational services for students with disabilities. The law requires that students with disabilities be provided with accommodations and modifications to ensure they have equal access and are not discriminated against.

Section 504 plans outline the supports and accommodations that will be provided to students with disabilities. These plans are very different from the due process rights afforded under IDEA. While every student entitled to special education services is protected under Section 504 of the Rehabilitation Act, not every student covered by Section 504 is entitled to special education services.

The Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990 work together to forbid discrimination in schools based on disability. The ADA is a broader law that provides civil rights protections to individuals with disabilities in various aspects of life, including education. Section 504, on the other hand, specifically ensures equal access to education for students with disabilities in programs that receive federal funding, which includes most public schools.

Title II of the Americans with Disabilities Act (ADA)

In the United States, there are several laws in place to protect the rights of students with special needs and ensure they receive an appropriate education. These laws help integrate students with special needs into society without segregating them. One such law is the Individuals with Disabilities Education Act (IDEA), which was created in 1990. IDEA ensures that students with special needs receive a free public education in the least restrictive environment necessary to meet their needs. It also allows them to participate in the same activities as children without special needs whenever possible.

Another important piece of legislation is Title II of the Americans with Disabilities Act (ADA). This law extends the prohibition of discrimination established by Section 504 of the Rehabilitation Act of 1973 to all services, programs, and activities provided or made available by state and local governments and their agencies. This includes newly designed, constructed, or altered facilities, which must be readily accessible and usable by individuals with disabilities. Title II defines the remedies, procedures, and rights provided for qualified individuals with disabilities who experience discrimination on the basis of disability. It also establishes administrative procedures for the enforcement of the law, with designated agencies responsible for investigating complaints.

The ADA also addresses effective communication, recognising that individuals with certain disabilities may communicate in different ways. It outlines procedures for reporting disability rights violations, allowing individuals to submit reports online and receive confirmation that their report is being reviewed by specialised teams.

In addition to IDEA and ADA, other laws such as the No Child Left Behind Act and the Elementary and Secondary Education Act hold schools accountable for the academic performance of all students, including those with special needs. These laws work together to ensure that students with disabilities receive the education and support they need to become self-sufficient members of their communities.

Family and Educational Rights Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives parents the right to access their children's education records, seek amendments to these records, and control the disclosure of personally identifiable information. When a student turns 18 or enters a postsecondary institution, these rights transfer from the parents to the student.

FERPA applies to any educational institution that receives federal funding, including all public schools and most private institutions. Under FERPA, schools must allow parents or eligible students to:

• Inspect and review the student's education record
• Schedule a hearing to challenge the content of the record to ensure that it is not inaccurate, misleading, or otherwise in violation of the student's privacy rights
• Insert into such a record a written explanation by the parents regarding the content of the record

FERPA does not require schools to provide copies of records, but they may charge a fee for copies made at the school's discretion. The law withholds federal funds from any school with a policy or practice of improperly disclosing students' education records or personally identifiable information without consent or if information that is required to be disclosed is not disclosed.

FERPA only prevents the disclosure of education records, and there are two essential criteria for a document to be considered part of an "education record": the record must “directly relate” to a student and be “maintained by an educational agency or institution or by a person acting for such agency or institution." Examples of records that are not centrally maintained and thus not subject to FERPA include quiz papers graded in-class by other students, emails about students stored on individual teachers' hard drives, and records kept by student organizations.

FERPA also recognizes a class of basic demographic information known as "directory information," which can be released without violating FERPA. This includes the student's name, address, phone number, honors and awards, and other basic demographics. However, even basic directory information can be subject to FERPA if, when combined with other pieces of information, it would allow a reasonable person to identify a child.

It is important to note that FERPA is waivable, and an adult student can always consent to the disclosure of their education records.

The Assistive Technology Act

The act defines an assistive technology device as:

> any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.

AT devices can be "low-tech", "medium-tech", or "high-tech". Examples of AT devices include power and manual wheelchairs, voice amplifiers, durable medical equipment, prosthetics, accessibility adaptations to the home, and special equipment to help people work, study, and engage in recreation.

The act also defines an assistive technology service as:

> any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device.

Examples of AT services include:

• An evaluation of the AT needs of an individual
• Purchasing, leasing, or otherwise providing an AT device
• Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating an AT device
• Training or technical assistance for an individual with a disability, or their family members, guardians, advocates, or authorized representatives

Under the act, each US state and territory receives a grant to fund an Assistive Technology Act Project (ATAP). These projects provide services to persons with disabilities for their entire life span, as well as to their families or guardians, service providers, and agencies and other entities that are involved in providing services such as education and employment to persons with disabilities.

Frequently asked questions