Policies & Laws

This federal act is intended to improve the quality and effectiveness of elementary and secondary education for all students. Its provisions have important impact upon special education. Key features of ESSA include: increased accountability for student achievement, evidence-based instructional approaches, rigorous academic expectations, highly qualified teachers, full participation by all student groups in state-wide assessment programs, and demonstrated achievement by student subgroups (ex. students with disabilities) to attain "adequate yearly progress." School districts are expected to demonstrate children with disabilities are progressing well and meeting state expectations for achievement in the same general education curriculum provided to all children. The local school district retains accountability for students with disabilities even when placed outside the home district to receive special education.

This federal education law requires states to provide a free and appropriate public education (FAPE) in the least restrictive environment (LRE) to every child with a disability through the age of 21 years, or sooner if a high school diploma is awarded. There are many important provisions specified in IDEA intended to benefit children with disabilities attending public schools, as well as provisions for children with disabilities placed by parents in private school. Some of the key provisions of IDEA specify school district responsibilities for: Child find; multidisciplinary, non-discriminatory assessment and re-evaluation; committees on special education (CSE); disability categories and eligibility determinations; individualized education programs (IEP); special education programs, placements, and related services; access to general education curriculum; transition planning; parental consent; procedural safeguards and confidentiality; timelines; dispute resolution; and discipline. All states are required to implement and comply with the IDEA. New York State's special education laws emanating from IDEA generally appear in Article 89 of NYS Education Law. New York State procedures for implementing IDEA and Article 89 are found in the Part 200 & 201 Regulations of the Commissioner of Education.

This federal civil rights law prohibits discrimination of individuals with disabilities in any program receiving federal funding. This applies to students in public and publicly supported schools. This Act defines "disability" differently than the 13 categories specified in the IDEA. Students determined to have a mental or physical disorder substantially limiting a major life activity may be eligible for protection under Section 504, and may receive an Accommodation Plan to ensure opportunity and access comparable to that of non-disabled peers. Recent amendments to the Americans with Disabilities Act have led to a broader interpretation of eligibility and application under Section 504. Teachers and school administrators are required to provide the accommodations and modifications specified in a Section 504 Plan. Protection under Section 504 and the Americans with Disabilities Act may also be sought at colleges, with employers, and professional licensing boards. The federal Office of Civil Rights is responsible for the enforcement of Section 504, and is the agency that investigates complaints of noncompliance.