Foundations of Special Education · 10 min read
Federal Laws and Landmark Court Cases
This chapter explains the federal laws that govern the education of students with disabilities: IDEA, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), the Every Student Succeeds Act (ESSA) and the Family Educational Rights and Privacy Act (FERPA). It then summarizes the court cases most likely to appear on the test. The test rarely asks for a citation; it asks what a law requires a teacher or district to do in a realistic situation.
IDEA: Purpose and Eligibility
IDEA is a federal funding and civil rights statute. States that accept IDEA funds must provide special education and related services to eligible children. Part B covers children ages 3 through 21 (school age and preschool), and Part C covers infants and toddlers from birth to age 3 through early intervention.
To be eligible under Part B, a child must meet two conditions. First, the child must have a disability in one of the recognized categories. Second, because of that disability, the child must need special education, meaning specially designed instruction. A student who has a disability but makes good progress without specially designed instruction is not eligible under IDEA, although the student may qualify for a Section 504 plan.
Exam Tip: Eligibility is a two-part test: a qualifying disability and a need for special education because of it. A diagnosis alone, such as an ADHD diagnosis from a pediatrician, does not make a student eligible for an IEP.
The Six Principles of IDEA
Textbooks commonly organize IDEA around six principles. Learn them well, because many scenario questions test one of them.
| Principle | What It Requires |
|---|---|
| Free appropriate public education (FAPE) | Special education and related services at public expense, meeting state standards, under an IEP |
| Appropriate evaluation | Comprehensive, nondiscriminatory evaluation by a team, using multiple measures |
| Individualized education program (IEP) | A written plan developed by a team, reviewed at least annually |
| Least restrictive environment (LRE) | Education with nondisabled peers to the maximum extent appropriate |
| Parent and student participation | Parents are members of the team; students participate, especially in transition planning |
| Procedural safeguards | Notice, consent, records access and ways to resolve disputes |
Memory Aid: Remember "FEI-LPP": FAPE, Evaluation, IEP, LRE, Parent participation, Procedural safeguards. Say it as "Fay-Lip" and picture a team that cannot work without every one of its six members.
FAPE means education that is free (no cost to parents beyond fees charged to all students), appropriate (individually designed to provide meaningful benefit), public (under public supervision) and education (special education plus related services). FAPE does not mean the best possible program; it means an appropriate one.
Appropriate evaluation must use a variety of tools and strategies, must not rely on any single measure, must be administered in the child's native language or other mode of communication most likely to yield accurate information, and must assess all areas of suspected disability. Tests must be valid for the purpose and given by trained personnel.
LRE requires that removal from the general education environment occur only when the nature or severity of the disability is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily. Districts must offer a continuum of placements.
Child Find and Related Services
Child Find requires states and districts to identify, locate and evaluate all children who may have disabilities, including children in private schools, children who are homeless or highly mobile, wards of the state and children who are passing from grade to grade.
Related services are developmental, corrective and supportive services required to help a child benefit from special education. Common examples include speech-language therapy, occupational therapy, physical therapy, counseling, psychological services, school health and school nurse services, audiology, orientation and mobility services, interpreting services, parent counseling and training, transportation and social work services. Medical services are included only for diagnostic or evaluation purposes.
Section 504 of the Rehabilitation Act
Section 504 is a civil rights law that prohibits discrimination on the basis of disability by any program receiving federal financial assistance, which includes virtually every public school. A person qualifies if the person has a physical or mental impairment that substantially limits one or more major life activities (such as learning, reading, concentrating, thinking, breathing, eating or walking), has a record of such an impairment or is regarded as having one.
Students who qualify under Section 504 but not under IDEA usually receive a 504 plan, which lists accommodations such as extended time, preferential seating, access to water or snacks, a blood glucose monitoring plan, or permission to carry an inhaler. Section 504 does not require specially designed instruction, and it does not come with IDEA funding.
| Feature | Section 504 | IDEA |
|---|---|---|
| Type of law | Civil rights, antidiscrimination | Education funding and civil rights |
| Who qualifies | Impairment substantially limiting a major life activity | Disability in a listed category plus need for special education |
| Age range in schools | All ages; also covers adults and employees | Birth through 21 (Part C and Part B) |
| Plan | 504 plan (accommodations) | IEP (goals, specially designed instruction, services) |
| Federal funding | None attached | Federal funds to states and districts |
| Enforced by | Office for Civil Rights (U.S. Department of Education) | Office of Special Education Programs and state education agencies |
| Parent consent | Notice and consent for initial evaluation; fewer detailed procedures | Written consent required for evaluation, initial services and reevaluation |
Classroom Example: Tanya, a grade 5 student with type 1 diabetes, performs at grade level in every subject. She needs to check her blood glucose, eat snacks on a schedule and have extra time on tests if her levels are out of range. She does not need specially designed instruction, so a 504 plan with these accommodations, not an IEP, is the appropriate support.
Every student with an IEP is also protected by Section 504 and the ADA, but not every student with a 504 plan is eligible for an IEP.
The Americans with Disabilities Act
The ADA extends disability nondiscrimination protections broadly, including to state and local governments (Title II, which covers public schools whether or not they receive federal funds), employers, public accommodations such as private businesses and many private schools (Title III), transportation and telecommunications. Later amendments to the ADA directed that "substantially limits" be interpreted broadly and that the effects of mitigating measures, such as medication or hearing aids, not be considered when deciding whether a person has a disability. These amendments also apply to Section 504.
ESSA and Accountability
The Every Student Succeeds Act (ESSA), which replaced No Child Left Behind, is the main federal general education law. It requires states to test students annually in reading and mathematics in grades 3 through 8 and once in high school, and in science once in each grade span. Results must be reported for subgroups, including students with disabilities, so schools are accountable for their progress.
ESSA permits states to give an alternate assessment aligned to alternate academic achievement standards to students with the most significant cognitive disabilities, with a statewide cap of about 1 percent of all assessed students in each tested subject. In New York, that test is the New York State Alternate Assessment (NYSAA). The IEP team, not the student's label, decides whether a student takes the alternate assessment, using state criteria.
FERPA and Confidentiality
The Family Educational Rights and Privacy Act (FERPA) gives parents the right to inspect and review their child's education records, to request amendment of records they believe are inaccurate or misleading, and to consent before personally identifiable information is disclosed, with certain exceptions (for example, school officials with a legitimate educational interest, a school to which the student is transferring, health and safety emergencies). When a student turns 18 or attends a postsecondary institution, these rights transfer to the student.
Classroom Example: A parent volunteer helping in a grade 2 classroom asks Mr. Okafor why one child goes to "the special room." Mr. Okafor does not discuss the child's disability, services or IEP. He politely explains that he can discuss only the volunteer's own child's education. Sharing another student's records or disability status with an unauthorized person would violate FERPA and professional ethics.
Exam Tip: General education teachers who work with a student are entitled to, and must have access to, the student's IEP and know their specific responsibilities for implementing it. Withholding the IEP from them is not a confidentiality protection; it is a compliance failure.
Landmark Court Cases
| Case | Main Holding | Principle |
|---|---|---|
| Brown v. Board of Education | Separate is inherently unequal | Equal educational opportunity |
| PARC v. Pennsylvania | Children with intellectual disabilities are entitled to a free public education | Right to education |
| Mills v. Board of Education | Districts cannot exclude children with disabilities or cite cost | Right to education; due process |
| Diana v. State Board of Education | Students must be tested in their native language | Nondiscriminatory evaluation |
| Larry P. v. Riles | Biased IQ testing led to overplacement of Black students in special classes | Nondiscriminatory evaluation |
| Board of Education v. Rowley | FAPE requires an IEP reasonably calculated to provide educational benefit, not the maximum | Defining FAPE |
| Irving ISD v. Tatro | Clean intermittent catheterization is a related service | Related services |
| Honig v. Doe | Schools cannot unilaterally exclude students for dangerous disability-related behavior | Discipline; stay put |
| Cedar Rapids v. Garret F. | Continuous nursing services that are not physician services are related services | Related services |
| Endrew F. v. Douglas County School District | IEP must be reasonably calculated to enable progress appropriate in light of the child's circumstances | Defining FAPE |
Rowley involved a deaf student who was doing well in a general education class with a hearing aid and other supports; her parents sought a sign language interpreter. The Court held that the district did not have to maximize her potential. It set a two-part test: did the district follow IDEA's procedures, and was the IEP reasonably calculated to enable the child to receive educational benefit?
Endrew F. clarified the Rowley standard. The Court rejected the idea that an IEP producing merely more than trivial ("de minimis") progress is enough: the IEP must be reasonably calculated to enable progress appropriate in light of the child's circumstances, and goals should be appropriately ambitious.
Honig v. Doe involved students with emotional disabilities who were suspended indefinitely for violent behavior. The Court held that schools cannot unilaterally change the placement of a student with a disability during proceedings, although they can use normal short-term measures and seek a court order if a student is truly dangerous. Today's discipline rules (10 school days, manifestation determination, 45-school-day interim alternative educational settings for weapons, drugs or serious bodily injury) grew from this principle. Section 4 of this guide covers discipline in detail.
Key Takeaways
- IDEA eligibility requires both a qualifying disability and a need for specially designed instruction; Section 504 requires an impairment that substantially limits a major life activity.
- The six IDEA principles are FAPE, appropriate evaluation, the IEP, LRE, parent and student participation and procedural safeguards.
- The ADA extends nondiscrimination broadly; mitigating measures such as medication are not considered when determining disability under the ADA and Section 504.
- ESSA requires accountability for students with disabilities and allows an alternate assessment (NYSAA in New York) for students with the most significant cognitive disabilities.
- FERPA governs parent access to records and confidentiality; rights transfer to the student at 18.
- Rowley defines FAPE as reasonably calculated to provide benefit; Endrew F. requires appropriately ambitious progress; Tatro and Garret F. expand related services; Honig v. Doe protects students from unilateral exclusion.
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