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

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.

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 parents certain rights over their student’s educational records. When a student turns 18, these rights transfer to the student (unless the parent has guardianship). These rights include: 1. The right to inspect/review the educational records of the student. 2.The right to request corrections to the student record if the parent believes the information to be incorrect or incomplete. If the school refuses this request, the parent has the right to a formal hearing to compel the school to make the changes, and/ or the right to place a written statement in the record stating their view of the information in question. 3.Except for specific circumstances, a school must get written permission (a release) to disclose any information from the student’s educational record. https://studentprivacy.ed.gov/?src=fpco

Parents also have the right to file a complaint against the school for disclosing educational records in violation of FERPA. This is a link to the complaint form and instructions for filing: https://studentprivacy.ed.gov/sites/default/files/ resource_document/file/EComplaint%20form%20 FERPAv2018_10-4-19_508_1.pdf.

It is extremely important to know as much as possible about your child’s right to receive a free appropriate public education. There are many free resources on the internet that provide access to the laws, documents of guidance/clarification, frequently asked questions, and links to additional sources of valuable information. Parents may initially be intimidated by the length of some of the documents, but I assure you if you take the time to read and understand Article 7 (as a beginning point), the benefit to your student with a disability will be immeasurable. If you get stumped…shoot me an email. I’d be glad to help.

Do you need help getting your child with special needs the services they NEED and DESERVE at school?

Sheila A. Wolfe

Special Education Consultant

IEP Services, LLC IEP Services, LLC

Integrated Educational Programming

sheilawolfe@sbcglobal.net

Please email for more information.

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January 2022 • Special Needs Living 2711952 Fishers Crossing Dr, Fishers, IN | (317) 579-9300 | www.gymrootsinc.com