Many laws protect the rights of individuals with disabilities in secondary education. These include IDEA (Part B), ADA Title II, the Vocational Rehabilitation Act Section 504, the Family Education Rights and Privacy Act (FERPA), the Assistive Technology Act, ESEA, NCLB, and ESSA. This website is not intended to substitute for legal advice and only provides a brief synopsis of each of these rules for the sake of comparison to postsecondary education laws. To understand the rules in greater depth, please click on the links in the title or visit the resources tab in the drop-down menu above. A glossary of definitions used in this website is also available if you click on the menu link at the top of the page on the right side.
A reauthorization of the 1975 Education for All Handicapped Students Act, the Individuals with Disabilities Act (IDEA) is by far the most impactful law within K-12, where individuals with disabilities that impact their education ages 3-21 are entitled to a free and appropriate public education (FAPE) in a child's least restrictive environment (LRE) with accommodations, modifications, and related services as needed. This is guided by an individualized education plan (IEP) with transition services beginning at age 16 to prepare students for their education, employment, and independent living after secondary education and an exit plan (Summary of Performance) at the end of secondary education. Students must derive some meaningful educational benefit that is "appropriately ambitious" and "reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances" (Endrew v Douglas County SD). In addition, K-12 schools are responsible for locating and testing the students who may qualify for these services (with parent consent) within their system through a process called Child Find. This law also provides procedural safeguards to protect the rights of families and due process should grievances occur. It is important to remember that in regard to IDEA the definition of disability is closely related to how it impacts a student's education.
The Vocational Rehabilitation Act of 1973 Section 504 is a civil rights law that protects those with substantially limiting disabilities (in one or more life activities--such as learning) from discrimination in places that receive federal financial assistance. It provides for reasonable accommodations, modifications, or auxiliary aids for those with disabilities to enable equitable and appropriate inclusion and benefit of services or opportunities equal to that of those without disabilities and free from discrimination based on the student's disability. Unlike IDEA, it does not provide funding for services, does not require an IEP but should include a plan, and though it has due process, it does not have as many procedural safeguards protecting the rights of students with disabilities and their families. Like the IDEA, there should be a plan in place with periodic reevaluation. Also similar to the IDEA, students with 504 plans are protected during manifestation determination reviews of behavior if the behavior is determined to be linked to the qualifying disability. While IDEA is limited to impacts on education and longer-term disabilities, 504 and ADA, as civil rights laws, cover a wider range of impact and can cover short-term disability needs. Section 504 also provides some protection against bullying.
The Family Education Rights and Privacy Act gives parents the right to protect their child's educational records. Parents have the right to request records and correct them if they prove to be in error. Parents have the right to decide who, outside of school personnel with legitimate interest, gets to see the records. Though schools may print directory-type basic information (not including student images) without this consent, they must inform parents where the information is available to the public. IEP records are also covered under FERPA privacy laws.
Similar to 504, the Americans with Disabilities Act Title II, protects students with substantially limiting physical or mental impairments in one or more life activities--such as learning-- from discrimination in places that receive federal financial assistance. Like the 504, this covers a broad range of environments, including housing, which would affect secondary boarding schools. Due process is covered under the Office of Civil Rights and the Department of Justice and each district must have a due process coordinator. Service animals and timely and effective communication are also covered under this act.
The Vocational Rehabilitation Act Section 508 was added to mandate access to technology, and this includes online or hybrid use of technology for the classroom from accessible documents to accessible educational websites. This covers both the school website and documents within it to the learning management system and email services offered within the school. Anything that is used to buy, create, use, and maintain information and communications technology (ICT) must consider accessibility to people with disabilities. The Web Content Accessibility Guidelines (WCAG) 2.0 level AA are considered the minimum standard for accessibility by this law though level AAA and 3.2 are the current suggested standards. These higher level standards may be prohibitive or cost-ineffective and thereby create an undue burden so they are not required.
The Assistive Technology Act covers access to assistive technology devices and services so that students may fully participate and benefit from education on a level playing field with members of their community. This covers both high tech (computer systems, magnifiers, and augmentative and alternative communication, or AAC, devices) and low tech (pencil grips, tape to hold paper in place, adjustable desks). It may include include a yearly evaluation of need, as well as purchasing, customization or fitting, training, maintenance, and repair. It is important to understand, though, that these will belong to the school and not the student, so it likely will not travel with the student to a postsecondary institution.
The importance of the Elementary and Secondary Education Act of 1965 is that it emphasized equal access to education for people with disabilities. It provided funding for special education centers though it did not yet bring up full inclusion. This was reauthorized as No Child Left Behind of 2001, which brought accountability into the picture for assessing the adequate yearly progress of students with disabilities while allowing for a small percentage of students with the most complex disabilities to be assessed with alternate assessments. The IEPs must address how (and not whether) a student with a disability will participate in annual testing. Additionally, it required teachers to be highly qualified to teach.
The Every Student Succeeds Act of 2015 relaxed the standards of NCLB. This act required all students, including those with the most severe or complex disabilities, to be college and career ready and included a mandate for high-quality college- and career-readiness standards. It also ensured that parents had access to school and student state assessment report cards so they could understand both school and student progress in teaching and learning these standards, respectively. It also provided for preschool education and increased accountability for schools not making progress. The ESSA also provides for English Language learners which may impact students with disabilities who are also EL students.
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