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Federal Law Concerning Students with DisabilitiesFederal
law has long provided students with disabilities with protections against discrimination
and with affirmative rights to accommodations and modifications that are necessary
for them to receive an appropriate education. Most states also have extensive
laws and regulations governing provision of services to students with disabilities.
Adequate funding for schools must ensure that districts have sufficient funding
to cover the true cost of providing legally-mandated special education services.
Federal funding should be a key component of meeting this need. Key
federal statutes| Funding| Recent
events| Resources Key
federal statutes The most important federal laws in this area are the
Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation
Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA). The
IDEA, first passed in 1975 and reauthorized with some substantive revisions in
1997, provides that all students with disabilities have a right to a free and
appropriate education (FAPE) in the least restrictive environment (LRE) appropriate
to their needs. After a student's disability is identified, school personnel,
experts, and parents must meet together to design an individual education plan
(IEP) for the student. The IEP sets forth specific requirements for the child's
education, such as maximum class size and student-teacher ratio, and additional
"related services," such as speech and language therapy, counseling,
and occupational or physical therapy. Section 504 of the Rehabilitation Act of
1973 prohibits discrimination on the basis of a disability by any institution
that receives federal money, including schools, and also requires that students
receive a free and appropriate education. The Americans with Disabilities Act,
building on Section 504, provides that all public institutions and many private
institutions may not discriminate on the basis of disability. Under both Section
504 and the ADA, schools must make "reasonable accommodations" for students
(and employees) with disabilities. The definitions of "disability" in
the three laws are distinct; some children may be classified as having a disability
for the purposes of Section 504 or the ADA and not under the IDEA. Under
these laws, students with disabilities have a legally-enforceable right to appropriate
services. In other words, if a student is not getting the special education and
related services set forth in her IEP, or if her IEP is legally deficient, or
if a school has failed to make reasonable accommodations to permit her to fully
participate in the school's programs, she may sue to require compliance. (For
more detailed information on the complicated statutes, regulations, and case law
governing education of students with disabilities, see the resources
below.) Funding Providing legally-mandated
services or accommodations for students with disabilities is often very expensive.
Although most school funding systems do provide some measure of extra funding
for students with disabilities, this "extra" amount is often insufficient
to truly cover the costs. In fact, the cost of providing a free and appropriate
public education for even one or two students with severe disabilities can overwhelm
a small school district's budget. Accordingly, in pushing for adequate funding
for schools through a school finance litigation or advocacy movement, it is essential
that advocates ensure that districts have sufficient funding to cover the true
cost of providing special education services. The "costing out" study
in New York state is one of the first to assess systematically the extent of funding
that is needed to meet legal mandates and to provide students with disabilities
with the programs, services, and supports they need to meet state academic standards.
Recent events The IDEA is up for reauthorization
in 2003. When originally passed in 1975, the federal government promised to provide
up to 40% of funding needed to comply with IDEA mandates. This is typically referred
to as "full" federal funding. The federal government has never come
close to providing funding at this level. It has never contributed more than 20%
of the costs. "Full" funding is likely to be a key aspect of the debate
over reauthorization. The Council
for Exceptional Children provides regular updates on the IDEA reauthorization
process, including the fight for "full" federal funding, and other special
education legislative and public policy matters. Resources Some
helpful websites with resources on federal disabilities laws and regulations are: IdeaLAW
- includes links to the IDEA law and regulations, allows searching by key words,
and provides updated news and IDEA resources Council
of Educators for Students with Disabilities - includes an overview of Section
504, the full text of Section 504 regulations, and helpful information on the
relation between Section 504, the IDEA, and the ADA Council
for Exceptional Children -- provides regular updates on the IDEA reauthorization
process and other special education legislative and public policy matters Autism
Resources' page on "Special Education Services for Children - The Law"
-- provides information on both IDEA and Section 504 and includes a helpful glossary
of terms used in special education | 
