Raven's Guide to Special Education: Regulations

Regulations

The United States government has taken an active role in advancing the educational rights of children with disabilities. In recent years, particularly since the 1960s, federal legislation has provided the structure and resources for special education research, programs and services. Some of the most noteworthy statutes are described below.

Section 504

The Vocational Rehabilitation Act of 1973 is a civil rights law for the disabled. Section 504 of the act states that people with disabilities cannot be excluded from any federally-funded program or activity because of their handicapping condition. Section 504 requires that disabled people have reasonable access to jobs, education, housing and public facilities. This statute primarily has been used to ensure the employment rights of minorities and individuals with disabilities. Within the last several years, however, advocacy groups have increasingly used it to ensure appropriate educational services for the disabled.

Many Section 504 regulations are similar to the requirements of the Individuals with Disabilities Education Act (IDEA). Section 504, however, broadly defines a handicapping condition as "any

Section 504
Major life activities

Caring for oneself
Performing manual tasks
Walking
Seeing
Hearing
Speaking
Breathing
Learning
Working

physical or mental impairment that substantially limits one or more major life activities." All students who meet this definition, even if they do not qualify for special education services, are entitled to educational services that accommodate their handicapping condition.

Public schools must provide an evaluation for any student suspected of being handicapped as defined by Section 504. What is required for such an evaluation depends upon the type of suspected handicap and the services the student may need. If the evaluation determines that the student is handicapped under Section 504, school staff must develop a plan for providing the student any needed services or changes in the regular school program. One of the most common reasons for Section 504 evaluations and services within the schools is unsatisfactory student achievement and behavioral problems attributed to Attention Deficit Hyperactivity Disorder.

FERPA

The Family Educational Rights and Privacy Act of 1974 (FERPA) guarantees access to educational records by parents and eligible students (students 18 years of age and older) and prevents schools from disclosing records without parental consent, except for very limited exceptions.

Educational records, according to FERPA, are both directly related to a student and are maintained or used by a school district. Records include information about a student's grades, courses, attendance, health, test results, discipline, special education services, and involvement with agencies, courts, hospitals, and private practitioners.

Without written parent consent, a school district may disclose records to parties having a legitimate educational or governmental interest in the student. Records also may be disclosed to law enforcement officials and courts in response to judicial order or subpoena, or to protect the health and safety of the child.

Public Law 94-142

Public Law 94-142, enacted in 1975, is the most comprehensive federal statute governing special education. This law, commonly referred to as The Education of the Handicapped Act (EHA), states the basic rights and procedures that ensure a free, appropriate public education for all disabled children. The law requires the following:

Public schools must provide all children between the ages of 3 and 21 who have disabilities a free, appropriate public education. Schools must provide any related services needed by these children to benefit from that education.

Public schools must provide a fair, accurate, and unbiased evaluation of each student receiving special education and related services.

Public schools must provide each disabled student with an individualized educational program (IEP) based upon his or her individual capabilities and needs. The IEP must be developed from the evaluation of the student and must be reviewed at least annually. It must contain a summary of the student's present level of functioning, educational goals and objectives, needed support services and other information.

Public schools must educate special education students in the most normal setting in which they can make educational progress. School districts must offer a range of placement options from the least restrictive (full-time placement in a regular classroom) to the most restrictive (residential, institutional care). Each placement must be as close to the student's home as possible and must allow the student to associate with non-disabled peers as much as possible.

Public schools must protect the rights of students and their parents throughout the special education process. Parents must approve the first evaluation of their child, must be allowed to participate in developing the IEP, and must have advanced notice of proposed changes in their child's program. They may review their child's school records, present complaints about their child's educational program, and call for an impartial hearing to resolve disputes with the school district. (At the end of this chapter is a summary of the special education procedural safeguards enumerated by the U.S. Department of Education, Office of Special Education and Rehabilitative Services; and the Arizona Department of Education, Special Education Division.)

The Infants and Toddlers with Disabilities Program

The Infants and Toddlers with Disabilities Program was added to the Education of the Handicapped Act in 1986. This legislation required the states to develop a coordinated, comprehensive, multidisciplinary system to provide early intervention services for children (and their families) under three years of age who have disabilities or who are at risk of substantial developmental delays.