Special education laws, rights & resources

There are three federal laws that pertain to special education legislation and rights, but the cornerstone of these is the Individuals with Disabilities Education Act (IDEA). It states that children with disabilities have the right to a free appropriate public education (FAPE) that meets the unique needs of a child with a disability, is provided at no cost to the parents, meets state education standards and is consistent with your child's Individualized Education Plan (IEP).

Section 504 of the Rehabilitation Act is an anti-discrimination, civil rights statute that prohibits discrimination based upon disability in any program or activity receiving federal financial assistance. It also requires that the needs of students with disabilities be met as adequately as the needs of the non-disabled. The No Child Left Behind Act of 2002 includes other pertinent education laws.

Potential services or accommodations

tutoring
instruction at home or in the hospital for prolonged absences or frequent short-term absences
a waiver of penalties for absences and/or modification of graduation requirements
shortened school day
extra time to complete assignments
independent studies
a liaison with teachers to help them understand and plan
an extra set of books to keep at home so you don't have to carry them
exemption from PE class or climbing stairs
help from the school nurse with medications, medical issues or physician recommendations
counseling and special equipment
help with access to school facilities

Limitations of these acts
Neither FAPE nor Section 504 requires the school to maximize your learning. FAPE doesn't mean that the best possible education is offered to you at public expense; IDEA guarantees equal opportunity but not a specific level of achievement. Likewise, Section 504 requires the school to compare your performance to that of the average child without disabilities.

Because the Other Health Impaired (OHI) category of IDEA covers children with chronic or acute health problems, some students who would not normally qualify for services may be eligible under this category.

Although the special education/IEP umbrella may provide more flexibility in educational planning than a Section 504 accommodation plan, it often takes two to four months to complete the IEP process. An accommodation plan under Section 504 also differs from an IEP in that there are no legal requirements for what should be included. Conversely, there are numerous laws governing the IEP team and its development.

Other resources
www.ed.gov
www.wrightslaw.com
www.specialedlaw.net
www.schwablearning.org
www.acor.org/ped-onc/cfissues/backtoschool/iep.html