Key Legislation Overview
Individuals with Disabilities Education Act (IDEA): IDEA mandates that schools provide a Free Appropriate Public Education (FAPE) to students with disabilities through an Individualized Education Program (IEP). This program is tailored to meet the unique needs of each student and is designed to provide meaningful educational benefits.
Title II of the ADA: Under ADA, schools are required to provide auxiliary aids and services at no cost to ensure that students with disabilities can communicate as effectively as their peers. This law gives primary consideration to the preferences of the students and their parents.
Section 504 of the Rehabilitation Act: This civil rights law prohibits discrimination based on disability in programs receiving federal financial assistance. It ensures that students with disabilities have equal access to education and related services.
Compliance Challenges
Meeting the requirements of these laws can be complex, as compliance with one set of regulations does not necessarily satisfy the requirements of the others. For example, providing services under an IEP as mandated by IDEA may not fully meet the communication needs covered under ADA. Therefore, schools must carefully navigate these overlapping requirements to ensure comprehensive support for students with disabilities.
Additional Relevant Laws
Other laws that impact the provision of services in schools include:
- Every Student Succeeds Act (ESSA): Replaces No Child Left Behind Act, includes state accountability systems, and requires consultation with specialized instructional support personnel (SISP).
- Family Educational Rights and Privacy Act (FERPA): Governs access to student records, ensuring parents/guardians can amend records and control information disclosure.
- Health Insurance Portability and Accountability Act (HIPAA): Addresses protected health information and restricts accessibility to health records.
Individualized Education Programs (IEPs)
IDEA specifies the composition of an IEP team, which includes parents, regular and special education teachers, a local educational agency representative, and other individuals with relevant expertise. Team members can be excused from meetings under certain conditions if agreed upon in writing by the parents and the public agency.
504 Plans vs. IEPs
Section 504 and IDEA differ in their scope and application. While Section 504 provides reasonable accommodations for students with disabilities, IDEA requires specialized individualized instruction. A 504 plan does not need to be a written document and can vary between districts and states, whereas an IEP has more stringent documentation and procedural requirements.
Services under a 504 plan can include accommodations such as low-distraction work areas, extra time for tests, and preparation for routine changes. In contrast, an IEP is more comprehensive and may include specialized instruction and related services.
In some cases, minimal support from a speech-language pathologist can be documented in a 504 plan, especially for students with well-managed conditions or minor speech sound disorders. The specific services provided depend on state law and district regulations.
For a detailed comparison between IEPs and 504 plans, refer to resources like the chart developed by Understood, which serves parents of children with learning and attention issues.
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