The Individuals with

Disabilities Act and

Section 504 of the
Rehabilitation Act of
1973
REQUIREMENTS AS RELATED TO FREE
AND APPROPRIATE PUBLIC EDUCATION

BRITTANY WOODS – EAD 505 – CHERRI BARKER

What constitutes a child
with a disability?
These are children with learning impairments who need
special education and related services in their
schooling.
 What is the Individuals with
Disabilities Act (IDEA)?
This is a law that allows children with disabilities who are eligible to
receive special education and related services.
 Special Education
• Education designed to support students with disabilities at no
cost
o Must meet the needs of each individual child presenting with
disabilities.
o Types:
 Classroom instruction
 Home instruction
 Hospital/institutional instruction
 Physical education
 Related Services
• Services in place to help children with disabilities to aid in special
education

• May include:
o Early detection and evaluation
o Transportation
o Speech pathology
o Physical and occupational therapy
o Psychological, therapeutic, and social work services
o Parent counseling and training
 Free and
Appropriate Individualized
Appropriate
Evaluation Education Plan
Public Education

Least Restrictive Parent Procedural

Environment Participation Safeguards

The Individuals with Disabilities Act (IDEA):

Six Principles of IDEA
 Free and Appropriate
Public Education (FAPE)
• Special education services are provided with no charge to
parents

• Meets the standards of each state Department of Education

• Is continuously available through high school graduation

• In combination with an individualized education program

Individualized Education
Program (IEP)
• These are written statements in place to develop educational
needs for students with disabilities
• Must include:
o Present student education performance
o Annual and short-term education goals
o Required educational services
o Planned timing to start each accommodation
o Appropriate evaluation procedures and objectives
o Post-secondary education planning
 Procedural Safeguards
• These are the protections in place regarding special education
services
o Parental right to see educational documents
o Parental right to get a copy of any evaluations
o A surrogate guardian if one cannot be found for the child
o Written reasoning when evaluation of a student is proposed or
denied
o Rights to receive notices in the native language as possible
o Opportunity to complain
o Opportunity for due process hearings
o Rights to be part of special educational meetings
Least Restrictive
Environment (LRE)
Students with disabilities, to the highest extent, should be educated
in the presence of non-disabled students
◦ Separate classes or schooling should only occur if the disability is
deemed severe enough
◦ The placement of students must be reevaluated annually

Participation in extracurricular activities should also be in the

presence of nondisabled students at the highest extent
What is Section
504 of the
Rehabilitation
Act of 1973?
THIS IS A LAW THAT PROTECTS
STUDENTS FROM DISABILITY
DISCRIMINATION IN SCHOOLS.
 Protections of Students
under Section 504
• Procedures must be in place to ensure students are properly
classified and placed

• Reevaluation must occur periodically and before any

placement changes

• Ensure educational needs are met as well for disabled

students as non-disabled students

• Procedures must be in place to inform parents of any

proposed change in services or placement

• Make all facilities accessible to students with disabilities

Connection to Case 38
(When a Student's Rights are Wronged)
• The last point is why the Hernandez family had a case against
Nottingham High School under Section 504.
o Every student with disabilities is required to have access to school
classrooms and facilities as well as non-disabled students do.
 References:
Hanson, K. L. (2009). A casebook for school leaders: Linking the ISLLC standards to effective practice (3rd ed.). Upper Saddle River, NJ: Pearson

Margolis, L.S. (1995), Appendix F: Key Provisions of the Individuals With Disabilities Education Act. Special Education Manual. MICPEL.

https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/walls/appen-f.html

National Education Association (NEA). (2019). Know Your Rights: Section 504 of the Rehabilitation Act. https://www.nea.org/resource-

library/know-your-rights-section-504-rehabilitation-act

Saleh, M. (2021). Your Child's Rights: 6 Principles of IDEA. Smart

Kids. https://www.smartkidswithld.org/getting-help/know-your-childs-rights/your-childs-rights-6-principles-of-idea/