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LAW ANALYSIS: KEY SPED LAWS
LAW ANALYSIS: KEY SPED LAWS TEMPLATE
Instructions: Complete the grid with information on the three major laws: Individuals with Disabilities
Education Improvement Act (IDEA), Section 504, and the Americans with Disabilities Act (ADA).
IDEA (2004) Section 504 (1973) ADA (1990)
Purpose Original Public Law 94-
142 then amended in
1990 to IDEA and
consists of six main
principles:
1. Free appropriate
public education.
(FAPE)
2. Appropriate
Evaluation
3. Individualized
Education plan
4. Least Restrictive
Environment
5. Parent
Participation
6. Procedural
Protections
(Claxton, 2018, p. 5)
A section of civil rights
law to include assistance
for individuals who need
help but may not meet
criteria for special
education
Public Law 101-336, also
known as the Americans
with Disabilities Act
“extends civil rights to
persons with
disabilities.” (Kirk et al.,
2-2a) This is an extension
of the Civil Rights Act of
1964. This law prohibits
discrimination based on
disability.
Ages
covered
Covers and protects
children between ages 6
and 17 that have
disabilities. (Claxton,
2018, p. 4)
School aged children Primarily adults and
children benefit from
ADA in their access to
schools and other
businesses
Disabilities
covered
Intellectual disabilities;
hearing impairments;
visual impairments; deaf-
blindness;
speech/language
impairments; orthopedic
impairments; autism;
traumatic brain injury;
specific learning
disabilities; other health
impairments; multiple
disabilities; emotional
disturbance;
developmental delay
All students covered
under IDEA and some
who are not. Other
students eligible include:
-students referred but do
not qualify under IDEA
-no longer eligible or who
have already transitioned
out of special education
-history of substance
abuse
-victims of abuse or
neglect
-health needs such as
asthma, diabetes, etc.
-low IQ but not an
Individuals with physical
or mental impairments
that limit major life
activities such as caring
for yourself, walking,
seeing, hearing, learning
working, etc. (hhs.gov)
Physical and mental
impairments include but
are not limited to:
-emotional illness
-specific learning
disability
-cancer
-orthopedic conditions
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LAW ANALYSIS: KEY SPED LAWS
intellectual disability
(Kirk, 2-3a)
-visual, speech, or
hearing impairments
(U.S. Department of
Health and Human
Services, 2006)
Evaluation
procedures
Evaluation by trained
professionals,
incorporating
information from teacher
and family.
No requirement for use
of discrepancy model
Use RTI information
contributes
Regularly monitored with
measurable goals
A committee determines
evaluation whether there
is “substantial limitations
to a major life activity
resulting from a physical
or mental impairment”
(Kirk et al., 2-3c)
Evaluation is subjective
based on professional
judgements.
To aid educators
confidently in the
evaluation process there
is a 504 Eligibility
Determination Form.
Evaluation of a qualified
individual is determined
on a case-by-case basis.
(U.S. Department of
Health and Human
Services, 2006)
Dispute
resolution
Court cases support the
law and interpretation for
IEP Teams to follow
Accountability via tests
and evaluations also help
to monitor the student to
catch and log any
potential problems.
Proper steps to take when
a dispute arises:
-Mediation with the IEP
Team. If this is not
successful proceed to a
resolution session
-A resolution session
“provides the parties with
an opportunity to resolve
their dispute before the
due process hearing”
Not addressed
The school may develop
a 504 Plan, but the plan
does not have to be
written. Section 504 does
not require a meeting
before a change in
placement.
If you believe you have
been discriminated based
on disability, you should
contact the Office of
Civil Rights.
You file a formal
complaint with your
regional OCR within 180
days of the alleged
discrimination.
The complaint must
include the following:
1. Your name,
address, and
phone number
2. Name and address
of entity you
believe
discriminated
against you
3. How, why, and
when you believe
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LAW ANALYSIS: KEY SPED LAWS
References
Claxton, Bunnie. (2018). Planning, Writing, and Implementing IEPS: A Christian Approach.
Kendall Hunt.
Kirk, S., Gallagher, J., Coleman, M., Hardman, M., Egan, M. W., Drew, C., Gargiulo, R.,
Metcalf, D., Boyle, J., Scanlon, D., & Landrum, J. (2020). Foundations of Exceptionality.
Cengage.
Steedman, Wayne, Esq. (2005). 10 Tips: How to use IDEA 2004 To Improve Education for
Children with Disabilities. Wrights Law.
https://www.wrightslaw.com/idea/art/10.tips.steedman.htm#10
U.S. Department of Health and Human Services. (2006)
https://www.hhs.gov/sites/default/files/ocr/civilrights/resources/factsheets/ada.pdf
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