Laws & Regulations

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Considering Assistive Technology in the IEP Process: The Texas 4-Step Model Resource Guide

This guide and professional development module from the Texas Assistive Technology Network has information to help educational teams in considering assistive technology in the development, review and revision of a student’s Individual Education Plan (IEP).  It gives a framework for identifying relevant tasks for the individual student with instructions for appropriate accommodations, changes and technology solutions.  The guide also contains a list of legal references that relate to assistive technology. This link opens a PDF document.

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Access Board to Undertake Rulemaking on Classroom Acoustics to Improve Learning Environment for Young Children

The way a classroom is built and how language and sounds are heard in it can be an educational barrier for children who have hearing loss, use cochlear implants, have speech impairments or learning disabilities. The Access Board will address acoustics in classrooms by referencing a voluntary consensus standard developed by the Acoustical Society of America with support from the Board. The Board's rulemaking will focus on adding scoping provisions to its ADA and ABA Accessibility Guidelines to apply specific technical standard to classrooms that are newly built or significantly renovated. The Board will gather information on cost impacts in preparation for a proposed rule that will be made available for public comment.

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American Recovery & Reinvestment Act (ARRA) of 2009: IDEA Recovery Funds for Services to Children & Youth with Disabilities

Fact sheet from the U.S. Department of Education on the ARRA and new funding for programs under Parts B and C of the Individuals with Disabilities Education Act (IDEA).

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Americans with Disabilities Act (ADA) Title III Technical Assistance Manual

Covers the requirements of Title III of the ADA as it applies to public accommodations, commercial facilities and private entities offering certain examinations and courses.

Auxiliary Aids & Services for Postsecondary Students with Disabilities

Information from the U.S. Department of Education's Office for Civil Rights on higher education's obligations to provide auxiliary aids to qualified students with disabilities under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA).

Categories of Disability under the Individuals with Disabilities Education Act (IDEA)

Lists and describes the 14 primary disabilities included in the IDEA under the definition of child with a disability. These definitions guide how states define disability and determine eligibility for a free public education under special education laws. Also includes links to more information about most of the disabilities listed.

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Child Care Centers & the Americans with Disabilities Act (ADA): Frequently Asked Questions

Fact sheet concerning ADA requirements for privately-run child care centers.

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Consortium for Appropriate Dispute Resolution in Special Education

Technical assistance for state departments of education, parents and school administrators using mediation and other collaborative strategies to resolve disagreements about special education and early intervention programs.

Disability Discrimination in Education: Frequently Asked Questions

Answers from the U.S. Department of Education about educational requirements under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Educating Students with Disabilities: Frequently Asked Questions

Answers to common questions about educating children with disabilities, including the differences between the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.

Elementary & Secondary Education Act (ESEA) Title I Part A Programs & Responsibilities

ESEA program description regarding the purpose, eligibility and awards to local education agencies and schools with high numbers of poor children to help ensure that all children meet challenging state academic standards.

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Eligibility for an Institution's Comprehensive Transition & Postsecondary Program (CTP) for Students with Intellectual Disabilities

The Higher Education Act, as reauthorized by the Higher Education Opportunity Act (HEOA), includes information on the eligibility of students with intellectual disabilities to participate in the Federal Pell Grant, Federal Work-Study (FWS) and Federal Supplemental Educational Opportunity Grants (FSEOG) programs. Institutions that offer a CTP program can apply to have that program approved so that eligible students may receive Federal Pell Grant, FWS and FSEOG funds. To be eligible, an institution must already participate in the Federal student aid programs and offer an approved CTP program. For more information download Application for Title IV Approval of a Comprehensive Transition and Postsecondary Program in Word format.

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Filing a Discrimination Complaint with the U.S. Department of Education

Information about filing a complaint about discrimination with the U.S. Department of Education's Office of Civil Rights.

Filing a State Complaint Against a School System

Describes the process for reporting a violation or problem to an official state agency to resolve disputes between parents of children with disabilities and the school systems responsible for educating those children. IDEA's final Part B regulations require each state to adopt written state complaint procedures. Learn about how your state's Protection & Advocacy Agency can help you file a complaint.

Guidance on Educational Flexibility & Waivers in the Event of Pandemic Influenza

Information to help state educational agencies (SEAs), local educational agencies (LEAs), schools and postsecondary institutions address the implications of a prolonged school closure or other disruptions in the regular educational services to students in the event of an outbreak of the H1N1 influenza virus during the 2009-2010 school year. Includes information about the importance of ensuring that education activities provided during a school closure are accessible to students with disabilities. This link opens a Word document. More information is available from Flu.gov.

How Will Individual Education Programs (IEPs) Change Under Individuals with Disabilities Education Act (IDEA) 2004?

Wrightslaw article discusses changes to IEP procedures due to the 2004 reauthorization of the IDEA.
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Index of Americans with Disabilities Act (ADA) Settlement Agreements & Court Documents

U.S. Department of Justice settlement agreements indexed by state and alphabetically.

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Individuals with Disabilities Education Act (IDEA) Partnership Website

Website of the IDEA Partnership, which is dedicated to improving outcomes for students and youth with disabilities by joining state agencies and stakeholders through shared work and learning.

Individuals with Disabilities Education Act (IDEA): Procedural Safeguards & Due Process

Fact sheet from the Arc regarding procedural safeguards (provisions in IDEA which protect parents' and students' rights with respect to the provision of a free appropriate public education) and the IDEA. This link opens a Word document.
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Individuals with Disabilities Education Act (IDEA): Eligibility, IEPs & Placement

Fact sheet from The Arc provides an overview of IDEA, Individualized Education Programs (IEPs) and other services available under the act. This link opens a Word document.

Individuals with Disabilities Education Act (IDEA): Questions & Answers about IDEA

Information on the purposes and key definitions of IDEA from the National Dissemination Center for Children with Disabilities (NICHCY). This link opens a PDF document.

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Individuals with Disabilities Education Improvement Act (IDEIA) & the Individuals with Disabilities Education Act (IDEA '97) Side-by-Side Comparison

Document from the National Association of State Directors of Special Education (NASDSE) examines how the new IDEIA differs from IDEA '97.
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Joint DOJ-ED Letter to College & University Presidents on Electronic Book Readers

The U.S. Department of Justice and the U.S. Department of Education have sent a letter to colleges and universities about the use of electronic book readers that are not accessible to students who are blind or have low vision. The letter points out a serious problem with some of these devices that do not have an accessible text-to-speech function. Requiring use of an emerging technology in a classroom environment when that technology is inaccessible to an entire population of individuals with disabilities- individuals with visual disabilities-may constitute discrimination prohibited by the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). The letter can be downloaded in PDF format. Read the blog post on this from Kareem Dale, Special Assistant to the President for Disability Policy.

No Child Left Behind Act & the Individuals with Disabilities Education Act (IDEA): A Progress Report

A January 2008 report from the National Council on Disability (NCD) about the No Child Left Behind Act and the IDEA and how educators across the country are reexamining their practices to find ways to close the achievement gaps between groups of students.
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President Obama Signs Independent Living Centers Technical Adjustment Act

H.R.5610, the Independent Living Centers Technical Adjustment Act, makes a technical adjustment to funding for independent living centers under the Rehabilitation Act of 1973 to ensure stability and funding for independent living centers.  This law will ensure that independent living centers have enough funding to continue to provide services to people with disabilities. This link opens a PDF document.

Process & Criteria Used to Evaluate States' Requests to Waive Maintenance of Effort (MOE) Requirements under Part B of the Individuals with Disabilities Education Act (IDEA)

The U.S. Department of Education's Office of Special Education and Rehabilitation Services (OSERS) will consider states' requests to be excused from MOE requirements under IDEA, Part B for education of students with disabilities on a case-by-case basis. Given the falloff in state revenues that has caused hardships for many states, some states are seeking to waive MOE requirements which would reduce the state's amount of financial support for special education and support services. Waivers will only be granted when a state demonstrates that it has experienced "exceptional or uncontrollable circumstances." This press release explains the factors being considered to grant a waiver. This link opens a PDF document.

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Questions & Answers on Disability Discrimination under Section 504 &Title II

The Department of Education provides answers to common questions on disability discrimination.

Serving Children with Disabilities Placed by Their Parents in Private Schools

An online resource designed to help school district officials and parents understand how the reauthorized Individuals with Disabilities Education Act (IDEA) provides for students with disabilities enrolled by their parents in private elementary schools and secondary schools. Document is in Word format.

Student Placement in Accordance with Section 504 of the Rehabilitation Act & the Americans with Disabilities Act (ADA)

Information regarding the placement of students with disabilities in elementary and secondary schools under Section 504 and Title II of the ADA.

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The Disability Law Lowdown Podcasts

Provides information on disability laws and other subjects available to download and listen to, as well as podcast transcripts to read. Information covered includes the Americans with Disabilities Act, the Air Carrier Access Act, the Ticket to Work program, the Fair Housing Act and other laws and programs that support the rights and independence of people with disabilities. This information is also available in Spanish. Disability Law Lowdown ASL videos are on YouTube.

The Patient Protection & Affordable Care Act and the Health Care & Education Reconciliation Act

Provides the full text of both the Patient Protection & Affordable Care Act and the Health Care and Education Reconciliation Act. Includes a section-by-section analysis of these laws and a summary of some of the immediate benefits of this legislation.

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U.S. Department of Education - Questions & Answers on Secondary Transition

Information for state educational agencies (SEAs), local educational agencies (LEAs), parents, advocacy organizations and others on secondary transition for students with disabilities. This information can be downloaded in PDF or Word formats.