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Special Education & Disability Law

  • Free and Appropriate Public Education Act

    FAPE ensures all students receive a proper education, despite disability severity, by the school district which they attend.
  • The Rehabilitation Act of 1973 9 U.S.C. § 794(a)

    Not every child needs special education, but they may still need support or services in school. Some challenges may qualify for support through a section 504. These plans are written annually, covering accommodations, strategies, or modifications that can be put in place by teachers and support staff. These changes can be either learning based, medical, or non-learning environments (Masters in Special Education Degree Program Guide, 2019).
  • The Family Educational Rights and Privacy Act (FERPA) 20 U.S.C. § 1232g; 34 CFR Part 99

    The Family Educational Rights and Privacy Act (FERPA) 20 U.S.C. § 1232g; 34 CFR Part 99
    The Family Educational Rights and Privacy Act (FERPA) is a Federal law put in place to protect the privacy of educational information in student records (Centers for Disease Control and Prevention, 2019).
  • Education for All Handicapped Children Act (EAHCA) 84 Stat. 175

    Education for All Handicapped Children Act (EAHCA) 84 Stat. 175
    EAHCA mandated equal opportunity education for all children between the ages of five and twenty-one, regardless of any form of physical or mental disabilities. Passed by both the House and Senate this bill was officially signed into law on October 1, 1976 ("Education for all Handicapped Children Act (1975 - S. 6)," 2004).
  • Individuals with Disabilities Education Act (IDEA) 20 U.S.C. § 1400(d)(1)

    Formally known as the Education of Handicapped Children Act, IDEA is a federal law which covers the rights and regulations for students diagnosed with either mental or physical disabilities needing special education (Mauro, 2006).
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    Florence County School District v. Shannon Carter 950 F.2d 156

    Parents of a student brought forth a case stating that they deserved reimbursement of funds for private school after withdrawing their child due to inappropriate education under IDEA. They claim that there is a breach of protocol to provide their child with a “free appropriate public education,” § 1401(a)(18), the courts ruled in the plaintiff’s favor.
  • School Committee of the Town of Burlington v. Massachusetts Department of Education 471 U.S. 359, 369, 105 S.Ct. 1996

    School Committee of the Town of Burlington v. Massachusetts Department of Education 471 U.S. 359, 369, 105 S.Ct. 1996
    The U.S. Supreme Court ruled on that under the Education for All Handicap Children Act; parents should be reimbursed for being forced to place their child in a private school, after a disagreement with the public system about their child’s Individual Education Plan (IEP). The EAHCA has procedures to ensure the parents’ right to help create and challenge an IEP upon disagreement of content (Rehberg, n.d.).
  • Americans with Disabilities Act (ADA) 42 U.S.C. § 12101

    Americans with Disabilities Act (ADA) 42 U.S.C. § 12101
    The Americans with Disabilities Act in Section 35 subtitle A of Title II, Pub. L. 101-336, prohibits discrimination against those classified as disabled. This restriction includes any public entity, such as public education institutes (National Alliance against Mandated Mental Health Screening and Psychiatric Drugging of Children, 2010).
  • Technology Related Assistance For Individuals With Disabilities 29 U.S.C. Sec. 2109

    Technology Related Assistance For Individuals With Disabilities 29 U.S.C. Sec. 2109
    Allows those with disabilities the use of assistive technology, such as computers touch screens, specialized recording, and playback devices in order to assist in functional capabilities in those with disabilities.
  • No Child Left Behind Act of 2001 Public Law PL 107-110

    No Child Left Behind Act of 2001 Public Law PL 107-110
    No Child Left Behind (NCLB) is a U.S. federal law intended to improve education in public schools. Increasing state, school district, and school accountability (National Alliance against Mandated Mental Health Screening and Psychiatric Drugging of Children, 2010).
  • Texas lawmakers boosted special education funding

    Monday, May 27, 2019, Texas state legislative lawmakers approved a budget that included around $223 million. Funds allotted to pay off and prevent further financial penalties required by the federal government. The prevention is meant to halt future penalties for decreasing spending on special education and to prevent another spending issue during the coming year.