Law Analysis Of Laws In Special Education

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Complete the grid with information on three major laws: Individuals with Disabilities Education Improvement Act (IDEA), Section 504, and the Americans with Disabilities Act (ADA). Provide the purpose, ages covered, disabilities covered, evaluation procedures, and dispute resolution methods for each law.

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The landscape of special education law in the United States is shaped by several foundational statutes designed to ensure that individuals with disabilities receive appropriate educational opportunities and protections. Among these, the Individuals with Disabilities Education Improvement Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA) serve as critical legal frameworks, each with distinct purposes, scopes, and implementation procedures. Analyzing these laws reveals their interconnectedness and their unique contributions to promoting accessibility, equity, and inclusion for individuals with disabilities.

Individuals with Disabilities Education Improvement Act (IDEA)

The IDEA is a federal law aimed at ensuring students with disabilities receive free appropriate public education (FAPE) tailored to their individual needs. Its primary purpose is to provide special education and related services to eligible children aged 3 to 21. This law emphasizes an individualized approach through the development of an Individualized Education Program (IEP), which delineates specific educational goals and services for each student. The disabilities covered under IDEA are broad and include intellectual disabilities, hearing and visual impairments, deaf-blindness, speech/language impairments, orthopedic impairments, autism, traumatic brain injury, specific learning disabilities, other health impairments, multiple disabilities, emotional disturbance, and developmental delay.

Evaluation procedures mandated by IDEA involve assessments conducted by trained professionals. These evaluations incorporate data from multiple sources, including teachers, families, and medical or psychological experts, ensuring a comprehensive understanding of the student's needs. Notably, IDEA does not require reliance on the discrepancy model for disabilities; instead, it encourages the use of Response to Intervention (RTI) strategies. Dispute resolution mechanisms include due process hearings, mediation, and state complaint procedures, providing families and schools with avenues to resolve disagreements regarding evaluations, eligibility, or educational placement.

Section 504 of the Rehabilitation Act

Section 504 is a civil rights statute enacted in 1973 to prohibit discrimination against individuals with disabilities in programs receiving federal funding. Unlike IDEA, which is primarily focused on children and education, Section 504's scope extends to all individuals with disabilities, including adults who seek access to federally funded programs and activities. The law does not specify a particular age range but broadly covers anyone with a physical or mental impairment that substantially limits one or more major life activities.

Disabilities covered under Section 504 include a wide array of physical and mental impairments such as mobility impairments, sensory impairments, chronic health conditions, and mental health issues. Evaluation procedures under Section 504 are generally less formal than those under IDEA. The process involves obtaining documentation from medical or psychological professionals, but there is no requirement for evaluating through a standardized or specific assessment model like the discrepancy approach. The law allows the development of 504 Plans, which provide accommodations and services to ensure accessibility, but do not always require written plans or prior meetings before changing placements or accommodations.

Dispute resolution in Section 504 arrangements often involves informal negotiations or filing a complaint with the office of civil rights, without the formal due process procedures mandated by IDEA. This flexibility can expedite access to services but may also lead to inconsistencies in implementation.

Americans with Disabilities Act (ADA)

The ADA, enacted in 1990, is a comprehensive civil rights law that prohibits discrimination against individuals with disabilities across all areas of public life, including employment, transportation, public accommodations, and telecommunications. Its purpose is to ensure that individuals with disabilities have equal access and opportunities in various facets of life, including access to educational institutions and businesses.

Although the ADA is broader than IDEA and Section 504, it also covers individuals of all ages who have physical or mental disabilities that substantially limit major life activities. The disabilities covered mirror those in IDEA and Section 504, including disabilities such as mobility impairments, sensory impairments, and chronic health conditions.

Evaluation procedures under the ADA are generally focused on determining whether an individual qualifies as disabled under the law and whether reasonable accommodations can be provided. The process is less prescriptive but centers on the concept of effective communication, accessibility, and accommodations. Dispute resolution for ADA violations typically involves complaint processes with the Equal Employment Opportunity Commission (EEOC) or the Department of Justice (DOJ). Litigation and administrative complaints are common routes for resolving disagreements related to discrimination or accessibility barriers.

Conclusion

The three laws—IDEA, Section 504, and the ADA—collectively create a comprehensive framework aimed at protecting the rights of individuals with disabilities. IDEA's focus on special education ensures tailored instructional services for children, while Section 504 and the ADA extend protections against discrimination to a broader population, including adults. Understanding the unique purposes, scope, evaluation procedures, and dispute resolution mechanisms of each law highlights their critical roles in fostering an inclusive society where individuals with disabilities can participate fully and equitably in educational and public life.

References

  • Individuals with Disabilities Education Act, 20 U.S.C. § 1400 (2004).
  • Rehabilitation Act of 1973, 29 U.S.C. §§ 701–796 (Section 504).
  • Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
  • Sailor, W. (2016). Legal Foundations of Special Education. Pearson.
  • Karger, H.J., & Stoesz, D. (2014). American Social Welfare Policy: A Pluralist Approach. Pearson.
  • Mitchell, D. (2014). What Really Works in Special and Inclusive Education: Using Evidence-Based Teaching Strategies. Routledge.
  • U.S. Department of Education. (2017). A Guide to the Individuals with Disabilities Education Act.
  • Office for Civil Rights. (2016). A Purposeful Approach to Section 504.
  • U.S. Department of Justice. (2019). The Americans with Disabilities Act: A Primer.
  • National Council on Disability. (2017). The Impact of the Americans with Disabilities Act.

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