{"id":354969,"date":"2016-04-04T11:01:45","date_gmt":"2016-04-04T16:01:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/special-education-and-disabilities\/special-education-laws.html"},"modified":"2023-11-13T14:47:43","modified_gmt":"2023-11-13T19:47:43","slug":"special-education-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/special-education-and-disabilities\/special-education-laws.html","title":{"rendered":"Students With Disabilities: Education Laws"},"content":{"rendered":"\n
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Students With Disabilities: Education Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Education is a fundamental right for all students, including those with special needs. U.S. laws ensure students with disabilities have a free appropriate public education (FAPE) tailored to their individual needs. These laws cover the spectrum beginning in early education and assisting all the way to transition services and post-high school opportunities.<\/p>\r\n

Students with disabilities have certain rights when it comes to their education. The federal government ensures the rights of students and their families. They do this through the Individuals with Disabilities Education Act<\/a> (IDEA). The act essentially governs how states and agencies may provide early intervention. It governs the allocation of education services and related support to children with disabilities.<\/p>\r\n

This section provides an overview of education service and support laws. This section has articles on private education and reimbursement. It also discusses Section 504 accommodations in schools and IEP requirements. This article also contains general information available on the placement of disabled children.<\/p>\r\n

An Overview of Education Services and Support Laws<\/h2>\r\n

The foundation of special education law began with the Education for All Handicapped Children Act in 1975. It is now known as the Individuals with Disabilities Education Act<\/a> (IDEA). This Act guarantees free, appropriate education for students with disabilities. The Act covers two sections: Part B, for kids aged three to 21; and Part C, for infants and toddlers.<\/p>\r\n

This law strongly emphasizes the least restrictive environment (LRE). This means students should be educated with non-disabled peers as much as possible. It requires schools to create an Individualized Education Program<\/a> (IEP) for each student. IEPs help meet the individual needs of each student.<\/p>\r\n

Parents, teachers, and staff discuss a student’s unique educational needs in an IEP or Committee on Special Education (CSE) meeting. The CSE also sets yearly goals. <\/p>\r\n

Parents also have the right to request an independent educational evaluation (IEE). They can do this if they disagree with the school’s evaluation. For high school students, the IEP must include transition services. These services help prepare the student for life after high school. These services must be offered to the student by age 16. This could involve vocational training, internships, or courses at a community college.<\/p>\r\n

The U.S. Code in Title 20, Chapter 33 codifies IDEA. IDEA guarantees students a free appropriate public education<\/a> (FAPE). This prepares students for further education, employment, and independent living. FAPE guarantees children with disabilities from age three to 21 an educational program. <\/p>\r\n

Each student with a disability receives an individualized education program. This IEP is designed to meet their unique needs. It helps provide them access to the general curriculum for their grade-level standards. The state creates these curriculum standards.<\/p>\r\n

Parents have the right to be informed of their procedural safeguards and to review educational records. They are equal IEP team members who must have their concerns heard. Parents can suggest alternative IEPs, request hearings, and ask for mediation and due process for their concerns. They are entitled to be a part of all aspects of their child’s education.<\/p>\r\n

Students are eligible for IDEA protection if they are within the applicable ages and diagnosed with any of the following:<\/p>\r\n