Click on an underlined law to jump to its explanation, or browse through all of the drop-down options.
Take note that FEDERAL law trumps STATE law as well as district/school board policy and procedure. Sometimes the two do not line up, and if the school says it has a policy that contradicts any of these federal laws, it loses.
About ADA
The Americans with Disabilities Act is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. The ADA prohibits discrimination on the basis of disability, just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.
(U.S. Department of Justice Civil Rights Division, n.d.)
The ADA Protects People With Disabilities
A person with a disability is someone who:
Has a physical or mental impairment that substantially limits one or more major life activities,
Has a history or record of such an impairment (such as cancer that is in remission), or
Is perceived by others as having such an impairment (such as a person who has scars from a severe burn).
(U.S. Department of Justice Civil Rights Division, n.d.)
The ADA Prohibits Disability Discrimination in Many Areas of Life
The ADA is broken up into five different sections, which are called titles:
Title I. Employment
This title applies to employers that have 15 or more employees,
General requirement: Employers must provide people with disabilities an equal opportunity to benefit from the employment-related opportunities available to others.
E.g., Recruitment, hiring, promotions, training, pay, and social activities
Title II, Subtitle A. State and Local Government Services
This title applies to all services, programs, and activities of state and local governments.
E.g., Public education, transportation, recreation, healthcare, social services, courts, voting, emergency services, town meetings
General requirement: State and local governments must provide people with disabilities an equal opportunity to benefit from their programs, services, and activities.'
Title II, Subtitle B. Public Transit
This title applies to public transit systems.
General requirement: Public transit systems must provide people with disabilities an equal opportunity to benefit from their services.
Title III. Businesses That Are Open to the Public
This title applies to
Businesses and nonprofits serving the public
E.g., Restaurants, hotels, retail stores, movie theaters, private schools, doctors' offices and hospitals, gyms, daycare centers, organizations offering courses or examinations
Privately operated transit
E.g., Taxis, intercity and charter buses, hotel shuttles, airport shuttles
Commercial facilities
E.g., Office buildings
General requirement: Businesses must provide people with disabilities an equal opportunity to access the goods or services that they offer
Title IV. Telecommunications.
This title applies to telecommunication companies
General requirement: Telephone companies must provide services to allow callers with hearing and speech disabilities to communicate.
Title V. Other Important Requirements
The ADA also includes other requirements for how to implement the law. Examples include:
Prohibiting retaliation against a person who has asserted their rights under the ADA
Stating that a person with a disability is not required to accept aids or accommodations if they do not want to
Authorizing courts to award attorneys' fees to the winning party in a lawsuit under the ADA
Directing certain federal agencies to issue guidance explaining the law
(U.S. Department of Justice Civil Rights Division, n.d.)
Congress reauthorized the Elementary and Secondary Education Act formerly known as No Child Left Behind and named it Every Student Succeeds Act (ESSA). The purpose of ESSA is "to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps."
Under ESSA, each state must create an educational plan for its schools within the framework provided by the federal government. For example, each state plan must describe:
Academic standards
Annual testing
School accountability
Goals for academic achievement
Plans for supporting and improving struggling schools
State and local report cards
FERPA is a U.S. federal law that governs the access to educational records to public entities such as potential employers.
It has a twofold purpose:
To ensure parents have access to their children's educational records, and
To protect the privacy rights of parents and children by limiting access to these records without parental consent
Learn more about FERPA here.
What FERPA Deals With
Access to educational records
Parental right to inspect and review records
Amendment of records
Destruction of records
Where FERPA Applies
FERPA applies to all agencies and institutions that receive federal funds, including:
Elementary and secondary schools
Colleges
Universities
The IDEA is a federal law that makes available free, appropriate, public education (See "FAPE" in the glossary) to eligible children with disabilities throughout the United States and ensures special education and related services to those children.
In the law, Congress states,
"Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities
IDEA Purpose
To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
To ensure that the rights of children with disabilities and parents of such children are protected;
To assist States, localities, educational service agencies, and federal agencies to provide for the education of all children with disabilities;
To assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;
To ensure that educators and parents have the necessary tools to improve educational results of children with disabilities by supporting system improvement activities; coordinated research and personnel preparations; coordinated technical assistance, dissemination, and support, and technology development and media services;
To assess and ensure the effectiveness of efforts to educate children with disabilities
IDEA Parts
Part A. General Provisions
Outlines IDEA's general provisions, including the purpose of IDEA and the definitions used throughout the statute
Part B. Assistance for All Children with Disabilities
Part C. Infants and Toddlers with Disabilities
Includes provisions related to formula grants that assist states in providing early intervention services for infants and toddlers from birth through age 2.11 and their families
Part D. National Activities to Improve Education of Children with Disabilities
Includes provisions related to discretionary grants to support state personnel development, technical assistance and dissemination, technology, and parent training and information centers
Child Find
A program required by IDEA that requires public schools to find and evaluate students who have or are suspected of having a disability and need special education services. This comes at NO COST to the family.
Child Find also includes those who are homeless, under the care of the state, attending private schools, are highly mobile, or may not be attending public school.
This is a federal law that prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors.
Rehabilitation Act Sections
The Rehabilitation Act of 1973 has several sections, including:
Section 501
This section prohibits employment discrimination against people with disabilities in the federal sector, including the U.S. Postal Service, the Postal Regulatory Commission, and the Smithsonian Institution.
There is no minimum number of employees required to be at the worksite for this section to be covered.
Section 503
This section prohibits employers with federal contracts (or subcontracts) from discriminating against applicants and employees with disabilities and requires affirmative steps to hire, retain, and promote people with disabilities.
Section 504
This section prohibits discrimination against people with disabilities by any program or activity receiving federal financial assistance or by any program or activity conducted by a federal executive agency or the U.S. Postal Service.
Programs include public school districts, institutions of higher education, and other state and local education agencies.
Section 508
This section addresses information technology.
This section requires federal agencies' information and communications technology to be accessible to people with disabilities.
For a printable version of this page's information, click here.
References