The document discusses several laws that protect and provide for the rights of students with disabilities:
- The Individuals with Disabilities Education Act (IDEA) requires schools to provide free and appropriate education for students with disabilities and create Individualized Education Plans.
- Section 504 of the Rehabilitation Act prohibits disability discrimination in schools and requires accommodating students' needs.
- The Americans with Disabilities Act (ADA) is a civil rights law prohibiting disability discrimination in all public settings including schools.
- The Every Student Succeeds Act (ESSA) replaced No Child Left Behind and modified standardized testing requirements while maintaining accountability and support for disadvantaged students.
2. Individuals with Disabilities Act (IDEA) - created in 1997
Americans with Disabilities Act (ADA) - created in 1990
SECTION 504 - created in 1973
Every Student Succeeds Act (ESSA) - created in December 2015
3. What is IDEA?
IDEA provides rights and protections to
children with disabilities and to their
parents. Learning your rights under
IDEA can make it easier for your child to
get the help he needs (and is legally
entitled to) at school.
Disability Categories Under IDEA
Autism
Blindness
Deafness
Emotional
Disturbance
Hearing Impairment
Intellectual Disability
Multiple Disabilities
Details about IDEA
Creation of an Individualized Education Plan (IEP). The purpose of the IEP is
to lay out a series of specific actions and steps through which educational
providers, parents and the student themselves may reach the child's stated
goals.
When a school professional believes that a student between the ages of 3 and
21 may have a disability that has substantial impact on the student's learning
or behavior, the student is entitled to an evaluation in all areas related to the
suspected disability.
Protects the rights of children with disabilities.
Gives parents a voice in their child’s education.
Every child is entitled to a free and appropriate public education (FAPE).
Orthopedic Impairment
Other Health Impaired
Specific Learning Disability
Speech or Language
Impairment
Traumatic Brain Injury
Visual Impairment
4. What is ADA?
A civil rights law that prohibits
discrimination against individuals with
disabilities in all areas of public life.
(Including schools, jobs, transportation,
and all public and private places.)
Facts about ADA
ADA covers medical examinations and inquiries.
ADA’s nondiscrimination standards also apply to
federal sector employees under section 501 of the
Rehabilitation Act, as amended, and its
implementing rules.
Reasonable accommodations are adjustments or
modifications provided by an employer to enable
people with disabilities to enjoy equal employment
opportunities.
The ADA covers employers with 15 or more
employees, including state and local governments.
Not all people with disabilities (or even all people
with the same disability) will require the same
accommodation.
5. What is ESSA?
This law replaced its predecessor, the
No Child Left Behind Act (NCLB),
and modified but did not eliminate
provisions relating to the periodic
standardized tests given to students.
Details about ESSA
Advances equity by upholding critical protections for
America's disadvantaged and high-need students.
Ensures that vital information is provided to
educators, families, students, and communities
through annual statewide assessments that measure
students' progress toward those high standards.
Sustains and expands this administration's historic
investments in increasing access to high-quality
preschool.
Maintains an expectation that there will be
accountability and action to effect positive change in
our lowest-performing schools, where groups of
students are not making progress, and where
graduation rates are low over extended periods of
time.
Helps to support and grow local innovations
including evidence-based and place-based
interventions developed by local leaders and
educators consistent with our Investing in
Innovation and Promise Neighborhoods.
6. What is Section 504?
Section 504 is a part of the
Rehabilitation Act of 1973 that
prohibits discrimination based upon
disability. Section 504 is an anti-
discrimination, civil rights statute
that requires the needs of students
with disabilities to be met as
adequately as the needs of the non-
disabled are met.
Details about Section 504
Not required to make adjustments or provide
aids or services that would result in a
fundamental alteration.
Allows schools to take disciplinary action
against students with disabilities using drugs
or alcohol to the same extent as students
without disabilities.
At the elementary and secondary school level,
determining whether a child is a qualified
disabled student under Section 504.
Regulatory provision, though not as
comprehensive as the Amendments Act, is still
valid.
Extend only to individuals who meet the
regulatory definition of a person with a
disability.
7. Provide additional support during other academic lessons.
Assist in supervisory responsibilities outside the classroom during lunchtime and
recess.
Monitor students while they interact with peers during non-structured time.
Walk students to the bus, and supervise them during unstructured after-school
time.
Conduct a reading group with three to five students using a lesson designed and
provided by the teacher.
Assist in classroom management such as putting away coats, getting students
seated and taking roll.