independent living. IDEA is a federal law. Each state has then taken the federal law and written a “state version” that complies with all the requirements of IDEA. A state cannot write a law that is more restrictive than the federal version, but states can provide additional benefits or more liberal terms within the state codification of IDEA.
By Sheila Wolfe IEP Services
THE ABCs OF IEPs The Laws That Protect Students With Disabilities What laws protect the rights of students with disabilities? There are basically three laws that protect the educational rights of students with special needs, and an additional law that protects the privacy of students’ educational records. The Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities are entitled to a free appropriate public education (FAPE) to meet their unique needs and prepare them for further education, employment, and
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26 Special Needs Living • January 2022
In Indiana, 511 IAC 7-32 through 49, commonly called “Article 7” spells out how IDEA will be implemented and enforced in Indiana public schools. https://www.in.gov/doe/files/art-7-english-may2019-update-index.pdf. To help parents understand and interpret Article 7, the Indiana Department of Education has published a document called “Navigating the Course: Finding Your Way Through Indiana’s Special Education Rules.” https://www.in.gov/ doe/files/navigating-course-art-7-revisions-2019.pdf. My advice is to read Article 7 completely and note any sections, which may seem confusing or difficult to understand. You can then use “Navigating the Course” as a tool to help answer some of the questions you may have after reading Article 7. The U.S. Department of Education also has very helpful information regarding any topic included in IDEA/Article 7. https://www.ed.gov. Section 504 of the Rehabilitation Act of 1973 prohibits disability-based discrimination by any entity receiving federal funding. Section 504 is enforced by the Office of Civil Rights (OCR) based in Chicago for Indiana complaints. Think of Section 504 as a set of rules designed to level the playing field for individuals with disabilities. This includes the provision of a free appropriate public education, which can include special or regular education, and related services and/or accommodations designed to meet the needs of students with disabilities to the same extent the needs of non-disabled students are met. It also provides for equal treatment and nondiscrimination in extracurricular activities and nonacademic opportunities. Lastly, it provides for equal accessibility for people who have physical limitations or handicaps (such as ramps for students in wheelchairs). FAQs about Section 504 can be reviewed here: https://www2.ed.gov/about/offices/list/ocr/504faq.html. Title II of the Americans with Disabilities Act of 1990 (ADA) prohibits disability-based discrimination by all public entities, regardless of whether they receive federal funding or not. Title II of the ADA is also enforced by the OCR. In 2008, the Amendments Act provided for a broader interpretation of the definition of “disability” in the ADA but retained the definition under Section 504. For more information on Title II of the ADA, visit https://www.ecfr.gov/current/title-28/part-35. In addition to the laws protecting the right to a free appropriate public education, the Family Educational Rights and Privacy Act (FERPA) protects the privacy of student educational records. Educational records include anything that relates to the student that is a written document (like email), computer media, picture, film, video, audiotape, microfilm, microfiche, etc. FERPA gives
