It
is important to know the state and federal laws that apply to the education
of children with disabilities. Understanding the statues
and how they interact with one another will assist in securing appropriate services.
Family
Education Rights and Privacy Act of 1974:
The Federal Education Rights and Privacy Act (FERPA) applies to all schools
receiving federal funds. FERPA protects the privacy of
a student’s education records. In almost all cases, individual student records
may not be released to anyone other than the parent without written parent authorization. FERPA allows only those persons with a legitimate educational
interest to access student records. FERPA guarantees parents the right to:
- inspect
and review their child’s record;
- request
corrections to the records; and
- a
formal hearing, if the request is denied.
Protection
of Pupil Rights
Amendment of 1994:
The Protection of Pupil Rights Amendment (PPRA) applies to all schools receiving
federal funds and is intended to protect the privacy rights of parents and students.
It ensures that schools and contractors will make available for inspection certain
instructional materials. It also requires schools and contractors obtain written
parental consent before students are required to participate in any federal Department
of Education funded survey, analysis or evaluation that reveals information concerning:
- political
affiliations;
- mental and psychological
problems potentially embarrassing to the student or his family;
- sex behavior and attitudes;
- illegal,
antisocial, self-incriminating and demeaning behavior;
- critical
appraisals of other individuals with whom respondents have close family relationships;
- legally
recognized privileged or analogous relationships, such as those of lawyers, physicians,
and ministers; or
- income (other
than that required by law to determine eligibility for participation in a program
or for receiving financial assistance under such program).
Individuals
with Disabilities Education Act 2004 (IDEA):
IDEA 2004 is a federal funding statute that provides financial aid to states
to ensure a free, appropriate public education to qualified children with disabilities.
Students enrolled in IDEA-funded programs are enrolled in Special Education.
Eligible students are those students who are:
- between
the ages of 0 and 22 and
- meet
the definition of an individual with a disability; and
- whose
disability adversely affects educational performance and requires Special Education.
For information see " What is Special Education"
Section
504 of the Rehabilitation Act of 1973: Commonly
known as Section 504, this statute is a federal civil rights law that prohibits
discrimination against individuals with disabilities. It
applies to any school that receives federal funds. The
intent of the law is to provide qualified disabled students equal access to educational
programs, services, and activities. The focus of the law is on non-discrimination.
For information see "What is Section 504"
Americans
with Disabilities Act (ADA) 1990: The
ADA is federal legislation that prohibits discrimination against persons with
disabilities in the areas of employment, public services, public accommodations,
transportation, and communication. It applies to schools. http://www.usdoj.gov/crt/ada/adahom1.htm
