Laws and Regulations
Federal Laws and State Regulations Regarding Individuals with Disabilities
Special education is defined as “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.” The provision of special education services is governed by the Individuals with Disabilities Education Act (IDEA). State and public agencies also provide additional protections for students with disabilities that are aligned with the principles of IDEA. In New York State, procedural requirements for the referral, evaluation, Individualized Education Program (IEP) development, and placement of students with disabilities are governed by the Regulations of the Commissioner of Education (Regulations).
Individuals with Disabilities Education Act (IDEA)
Under IDEA and its related federal regulations which govern special education, as well as the New York state regulations discussed below, students with disabilities have a right to receive a free appropriate public education (FAPE) in the least restrictive environment (LRE). IDEA defines student with disabilities as students, ages 3 through 21 (day before 22nd birthday), who have been identified with one of the disabling conditions identified in the statute which adversely affect educational performance and require special education. Major Provisions of IDEA include:
Free Appropriate Public Education (FAPE)
Nondiscriminatory and Multidisciplinary Assessment
The Individualized Education Program (IEP)
Placement in the Least Restrictive Environment (LRE)
Parent Participation
Procedural Safeguards
Part 200 and Part 201 of the Regulations of the Commissioner
Part 200 and 201 of the Regulations of the Commissioner of Education are the New York State regulations to conform to IDEA. The Part 200 regulations are the special education law for New York State. Part 201 covers procedural safeguards for students with disabilities subject to discipline.
Part 200 of the Regulations of the Commissioner | New York State Education Department (nysed.gov)
Part 201 of the Regulations of the Commissioner | New York State Education Department (nysed.gov)
Section 504 of the Rehabilitation Act
Section 504 is a federal civil rights law designed to protect the rights of individuals with disabilities in federally funded programs and activities. That covers any condition that limits daily activities in a major way, regardless of the nature or severity of the disability. Consequently, students who may not be eligible for services under IDEA may be eligible under Section 504. The Section 504 regulations also require school districts to provide FAPE to each qualified student with a disability who is within the school district’s jurisdiction. FAPE consists of the provision of regular or special education and related services designed to meet the student’s individual education needs as adequately as the needs of nondisabled students are met.
At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Parents of students who suspect their child may have a disability as outlined under Section 504, may request a Section 504 meeting by contacting the principal in their child's school.
Protecting Students With Disabilities | U.S. Department of Education
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) gives civil rights protections to individuals with disabilities and guarantees equal opportunity in employment, public accommodations, transportation, state and local government services, and telecommunications. Under this law, students with disabilities are guaranteed equal access to facilities, public accommodations, services, and communications. The ADA covers people of all ages who have a physical or mental disability that substantially limits a major life activity.
The Americans with Disabilities Act | ADA.gov
Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under and applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. The purpose of FERPA is twofold:
• to ensure that parents have access to their child’s educational records
• to protect the privacy rights of parents and children by limiting access to these records without parental consent
A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)