Two Major Laws Governing Special Education

Modern style classroom in the morning - special education law concept

Every child has different educational requirements — and special needs students require a teaching environment that is tailored to them in order to thrive. Critically, there are a number of special education laws that protect the educational rights of children with disabilities. If your child has special needs, it’s crucial to have a basic understanding of two major federal laws so that you can best advocate on their behalf regarding their education and academic opportunities. 

Individuals with Disabilities Education Act (IDEA)

Originally known as the Education for All Handicapped Children Act, the Individuals with Disabilities Education Act (IDEA) is a special education law that provides “free and appropriate education” to children classified with various specific legal disabilities that adversely affect their progress in school. Importantly, all eligible children K-12 have the right to appropriate education under IDEA, regardless of whether they attend public or private school. 

Qualifying disabilities under IDEA can include the following: 

  • Autism
  • Hearing or visual impairment
  • Developmental delay
  • Emotional disturbance
  • Anxiety, depression, OCD
  • Schizophrenia
  • Intellectual disability
  • Orthopedic impairment
  • ADHD
  • Tourette’s disorder
  • Communication disorders, including stuttering
  • Traumatic brain injury 

Under IDEA, an evaluation is needed to determine whether a child is eligible for an individually tailored academic plan — called an Individualized Education Program (IEP). A parent can make a request to have one created — but they must be prepared to provide a detailed argument that shows how their child’s disability hampers their academic performance. School papers, medical reports, private evaluations, and other documents should be provided. If the request is denied, they may submit additional documentation and ask the school district to reconsider in light of the new information.  

If the child meets the legal criteria of a disability under IDEA, an IEP can be created. This plan of action that is revised every year and details the education approach that parents, school officials, teachers, and any outside professionals agree best suits the child’s needs. In addition to providing an evaluation for the IEP, the school must hold IEP meetings, provide progress reports, and implement all aspects of the established plan.    

While an IEP holds more weight than a 504 plan, it’s essential to be aware that IDEA only protects a subset of youth with disabilities. As discussed below, Section 504 is broader than IDEA. If a child does not meet the definition of a disability under IDEA, their needs may be served under Section 504. 

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 provides for “reasonable accommodations” to children with learning disabilities with the goal of giving them the ability to participate in the general curriculum at school. In order to qualify for reasonable accommodations under this Act, the child must have a physical or mental disability that substantially limits them in one or more “major life activity.” This might include speaking, listening, concentrating, reading, or writing. 

Reasonable accommodations for students with disabilities under this special education law can include the following: 

  • Special seating
  • A quiet place for testing
  • Extra breaks
  • Different textbooks
  • Use of the computer
  • Different testing formats 

Section 504 applies to any local education agency, higher education institutions receiving federal financial assistance, and extracurricular activities. For instance, the law covers playgrounds, band programs, special programs, assemblies, field trips, late bus transportation, and summer programs.                

Regardless of the child’s disability, under Section 504, the school district must identify their educational needs and provide any regular or special education to satisfy them — just as it does for children without disabilities. A 504 plan must be created to ensure the child receives the accommodations they require to access their learning environment and achieve academic success. This type of plan should not be confused with an Individualized Education Plan (IEP), which is more extensive.                 

Contact an Experienced Special Education Law Attorney

If your child has special needs, it’s critical to ensure they have access to a quality education. A skillful special education attorney can best advise you regarding your child’s options and safeguard their rights. Located in Fargo, Fremstad Law offers reliable legal services for a wide variety of special educational law matters in North Dakota and Minnesota. We welcome you to contact us online or call (701) 401-9440 to learn how we can help.