Disability Rights: Special Education Law
Two of the most important Federal Laws that impact special education advocacy are the Individuals with Disabilities in Education Act and Section 504 of the Rehabilitation Act of 1973.
The Individuals with Disabilities Education Act (IDEA/ IDEA) is a law that requires that a free appropriate public education be provided to eligible children with disabilities throughout the nation and ensures special education and related services to those children. This is commonly called FAPE.
The purposes of IDEA (or IDEIA) are
“(a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
(b) To ensure that the rights of children with disabilities and their parents are protected;
(c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and
(d) To assess and ensure the effectiveness of efforts to educate children with disabilities.
(Authority: 20 U.S.C. 1400(d))”
Section 504 (29 USCS § 794(a)) states that,
“No otherwise qualified individual with a disability in the United States, as defined in section 7(20) [29 USCS § 705(20)], shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.”
Attorney Ellis has represented individuals with disabilities and parents of individuals with disabilities in special education law since 2009. If you have a question about special education law or other disability rights laws then call 865-235-1787 to schedule a confidential consultation today!
Free Resources
Tennessee Support and Training for Exceptional Parents (TNSTEP)