the three Major Education Laws &

how they relate to Disabilities

Responsibilities of K-12¹ and Post-Secondary Institutions²

 

¹ K-12 refers to the years in public school from kindergarten through the end of high school

² Includes vocational training schools, colleges and universities

 

 

 

© 2004 The Disability Journey by John W. Wilde, Ph.D., ISBN: 0-595-29870-2  iUniverse Publishers.

Used with Permission
IDEA defines a “child with a disability” according to the following criteria:

 

(a)     A child who has been evaluated according to IDEA's standards

(b)     A child who has been determined, through this evaluation, to have one or more of the disabilities listed below, and

(c)      A child who, because of the disability, needs special education and related services.

 

The Disabilities Listed by IDEA Are The Following:

 

 

Four Major Provisions of IDEA

 

1.        The Law applies to children with disabilities enrolled in all public schools from infant programs through twelfth grade.

 

2.        Education for all disabled children is mandated. Schools must provide education, or risk losing their federal aid.

 

3.        Children with disabilities are to be taught in the least restrictive environment (LRE). To the maximum extent possible, children must be “mainstreamed” into regular classes so that they can have appropriate peer models.

 

4.        Children with disabilities must have individualized education programs (IEPs). Plans are developed to ensure that each student is benefiting from special education and must include:

 

a.        A statement of the present level of education performance of the child.

 

b.        A statement of annual goals.

 

c.        A statement of the specific educational services to be provided and the extent to which the child will be able to participate in regular educational programs.

 

d.        The projected date of initiation of services and their anticipated duration.

 

e.        Appropriate criteria and evaluation procedures for determining on an annual basis whether the plan is achieving its stated instructional goals.

 

 

The Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) enforces IDEA. Contact the Department of Education at: Office of Special Education and Rehabilitative Services, Phone: (202) 205-5465 or visit http://www.ed.gov/offices/OSERS/Contact/

 

Section 504 of the Rehabilitation Act of 1973 & the Americans with Disabilities Act (ADA)

 

Both laws ban discrimination on the basis of disability in any program or activity. Each uses a definition of “disabled person” that is broad and includes:

 

1.  Persons with physical and/or mental impairments¹, or

2.  Persons with a history of such impairments, or

3.  Persons who are perceived as having such impairments, even though such impairments do not, in fact, exist.

4.  Impairments must substantially limit² major life activities³

 

The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; AIDS, HIV infection, heart disease; mental retardation; emotional illness; drug addiction; and alcoholism.

 

Terms explained and clarified

 

¹ Physical and/or mental impairment means

·    Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular, reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

·    Any mental or psychological disorder, such as, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

 

² Substantially limits means

·    Unable to perform major life activities, or

·    Is restricted significantly in the condition, manner, or duration under which a major life activity can be performed - compared to others.

 

³ Major life activities means

·    Daily and routine functions such as caring for one's self

·    Performing manual tasks

·    Walking

·    Seeing

·    Hearing

·    Speaking

·    Breathing

·    Learning

·    Working

 

For additional information about either of these two laws and their enforcement, contact your nearest Office for Civil Rights or the United States Department of Justice or visit http://www.ed.gov/about/offices/list/ocr/index.html

 

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For more information on The Disability Journey