Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973

Special Education Laws

Special education laws include a range of federal and state laws.  The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 are important federal laws that govern special education in Pennsylvania.  The special education regulations in Pennsylvania are found under the 22 PA Code Chapter 14 for school districts and Chapter 711 for charter schools.

Individuals with Disabilities Education Act (IDEA)

Under the IDEA statute, students with disabilities have the right to free appropriate public education in the least restrictive environment. 

The law defines special education under the IDEA as “specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability…”

The primary purposes:

• Ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. 
• Ensure the rights of children with disabilities and their parents are protected.

The Child Find mandate is included in the IDEA and requires each school district to adopt and use a public outreach awareness system to locate and identify children thought to be eligible for special education within the school district’s jurisdiction.  School districts must inform the public of its early intervention and special education services and programs. 

This includes all children suspected of having a disability and children advancing from grade to grade.

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination based on disability and requires that the needs of students with disabilities are met as adequately as the needs of students without disabilities.

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Resolution

Effective resolution often requires open communication, emphasis on collaboration and shared decision making throughout the process. 

The school may advise a parent their child is making progress but objective evaluations indicate the child is making very little progress or actually regressing.  

Parents understand that if their child does not receive an appropriate education and gain the skills essential to be an independent member of the community, they will deal with the repercussions. 

There are times when there is disagreement, and parties reach an impasse.  Often a meeting with the school and collaboration can help to resolve.  However, a parent may face a situation where a school district refuses to comply with federal and state laws. Roy is sensitive to the stress many parents feel when considering legal action against their child’s school.  He works to negotiate appropriate services and education while preserving the relationship between schools and family.

However, in order to obtain critical services your child is entitled to; parents may have to engage in litigation.  Roy is an unwavering advocate for his clients and is prepared to litigate when it is necessary to secure an appropriate education.

Parent Advocacy and Training

Parent advocacy is essential to ensure students with disabilities receive appropriate services and support tailored to their individual needs.  As members of the IEP team, parents play a vital role in developing IEP and service plans.  They know their child and can provide valuable insight into their child’s unique strengths, needs, and goals.  Parent input and collaboration leads to better functional and academic outcomes.

By understanding your rights in the special education process, you will be prepared to take an active role in your child’s education.  The first few years of school are critical because a child is building a foundation for all future learning.  Roy provides free parent self-advocacy workshops through various nonprofits and family support groups. If your organization would like to request a parent advocacy presentation, please email [email protected]

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