Special Education

I. Special Education Resources II. the Laws III. Special Ed in NYC

Special Education Law

There are many laws governing special education and the rights of people with disabilities, both in NYS and the nation. Two crucial laws affecting children with special needs are IDEA, the Individuals with Disabilities Act, and Section 504.

IDEA, the Individuals with Disabilities Act of 1997 was the first revision to the IDEA Act in nearly 23 years. IDEA 97 strengthened the rights and protections of the education of children with disabilities, including the right to a free and appropriate education (FAPE) for all children with special needs. IDEA 97 emphasizes improving educational results for children with disabilities by allowing for as much access to general education as possible, known as the least restrictive environment (LRE). Childrens' Individualized Education Plans (IEPs) should reflect this change by relating each child's goals and services more clearly to the general curriculum. IDEA 97 also emphasizes parental involvement in special education, and clarifies disciplinary rules and procedures. You can find the full text of the law and its regulations.

Section 504 of the Rehabilitation Act of 1973 prohibits the discrimination on the basis of a disability by any institution that receives federal money, including schools. This means that for schools, Section 504 requires that there be no impediments to a child's fully benefiting from his or her education due to a disability. Students with a physical disability which substantially limits their full participation in the classroom are eligible for 504 services, such as the administration of medication, special seating in the classroom, or the training of school personnel to better respond to the child's needs. You can find the text of the law here (this is a very large pdf file that requires Adobe Acrobat). For additional information on Section 504 services, please see Section 504 on this site.

ADA, The Americans with Disabilities Act of 1990 ("ADA") extends the requirements of Section 504 to institutions that do not receive federal funds. It is intended to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. Under the law, private entities open to the public and employers must provide reasonable accommodation to people with disabilities. The full text of the law can be found here.

NYS Education Law: New York has also passed state laws and regulations to implement the requirements of the IDEA and Section 504. These laws often provide more details than those found in federal law, and may be a useful tool in securing an appropriate education for your child. The text of Article 89 can be found here, and Part 200 regulations here

The following sites offer helpful information on Special Education law:

ideaLAW from Idea Practices includes the law and regulations, which you can search for keywords, updated news, and IDEA resources.

IDEA 97 overview of the law has links to IDEA and its regulations.

IdeaPractices provides a FAQ for IDEA aimed at a "broad understanding" of the changes it should bring about.

"Special Education Services for Children-- The Law" from the Autism Resources Page contains information on both IDEA and Section 504, and includes a helpful glossary of terms used in special education.

The OSERS IDEA homepage also contains tons of information.

Policymaker Partnership for IDEA consists of four projects: Policymaker Partnership (PMP), Local Implementation by Local Administrators (ILIAD), Associations of Service Providers Implementing IDEA Reforms in Education (ASPIIRE), Families & Advocates Partnership for Education (FAPE)

The Council for Exceptional Children's Public Policy and Legislative Information has Special Education legislative updates and current political issues.

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