Disability Related Legal Issues
This page serves as the jumping off point for an extensive discussion of federal law,
state statutes/rules and local school board policies/procedures, and the role they play in
the provision of Exceptional Student Education.
There are two other laws governing the educational rights of students with disabilities
the Family Educational Rights and Privacy Act of 1974 (P.L. 93-380),
and Section 504 of the Rehabilitation Act of 1973, (P.L.
93-112).
In brief, the Family Educational Rights And Privacy Act (FERPA) protects the privacy of
a student's educational records and outlines inspection and release of information.
Section 504 of the Rehabilitation Act protects the civil rights of persons with
disabilities. It prohibits discrimination against a person with a disability by an agency
receiving federal funds. Further elaboration on FERPA, and Section 504 of the
Rehabilitation Act is included later in this package.
THE REHABILITATION ACT OF 1973, P.L. 93-112
This law is critical, because it addresses discrimination
against persons with disabilities. The law has different sections which refer to different
areas of discrimination, as follows:
- Section 501: Employment of Handicapped Individuals
- Section 502: Architectural and Transportation Board Compliance
- Section 503: Employment under Federal Contracts
- Section 504: Non-discrimination under
Federal Grants
To this day, Section 504 provides individuals with disabilities with basic civil rights
protection against discrimination in federal programs. The law states that
no otherwise qualified handicapped individual in the United States shall, solely by
reason of his (or her) handicap, be excluded from the participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving
federal financial assistance.
To be eligible for the protection under Section 504, an individual must meet the
definition of a handicapped person. This definition is:
Any person who (i) has a physical or mental impairment which substantially limits
one or more of such person's major life activities, (ii) has a record of such an
impairment, or (iii) is regarded as having such an impairment.
Major life activities include self-care, performing manual tasks, seeing, hearing,
speaking, breathing, learning, and walking. Section 504 covers only those persons with a
disability who would otherwise be qualified to participate and benefit from the programs
or other activities receiving federal financial assistance. All ESE students fall under
Section 504 and necessary accomodations are specified in the IEP.
Section 504 assures equal opportunities for children and youth with disabilities in
schools receiving federal funds-pre-schools, elementary and secondary schools, and
postsecondary institutions. Agencies that persist in acts of discrimination face the loss
of federal funds. Along with school districts, this includes colleges and universities,
vocational education and adult education programs, state and local governments, places of
employment, hospitals and clinics, and public and private groups of all kinds which
receive federal financial assistance.
Public Law 93-112 has been amended several times. In 1983, P.L. 98-221, the
Rehabilitation Act Amendments of 1983, authorized several demonstration projects regarding
the transition of youth with disabilities from school to work. In 1986, P.L. 99-506, the
Rehabilitation Act Amendments of 1986, provided for programs in supported employment
services for individuals with disabilities.
Family Educational Rights and Privacy Act of 1974
This law was passed by Congress in 1974 to protect the privacy of
student education records, and applies to all schools that receive money from the U.S.
Department of Education.
The Act gives certain rights to parents regarding their child's education records.
These rights transfer to the student or former student who has reached the age of 18 or is
attending any school beyond the high school level. Students and former students to whom
the rights have transferred are called eligible students.
- A school must allow parents or eligible students to inspect and review all of the
student's education records maintained by the school. However, this does not include the
review of personal notes of teachers, or, at the college level, medical or law enforcement
records. Schools are not required to provide copies of material in education records
unless, for reasons such as illness or great distance, it is impossible to inspect the
records personally. The school may charge a fee for copies.
- Parents and eligible students may request that a school correct records believed to be
inaccurate or misleading. If the school refuses to change the records, the parent or
eligible student then has the right to a formal hearing. After the hearing, if the school
still refuses the correction, the parent or eligible student has the right to put a note
in the record explaining his or her concern.
- Generally, the school must have written permission from the parent or eligible student
before releasing any information from a student's record. In an effort to permit the
school to continue its normal business and activity, the law allows a school to set its
own rules about who among the following people may see records without the required
consent:
School employees who have a need-to-know;
Other schools to which a student is transferring;
Parent when a student over 18 is still a dependent;
Certain government officials who need-to-know in order to carry out
lawful functions;
Sponsors of financial aid to a student;
Organizations doing certain studies for the school;
Individuals who have obtained court orders or subpoenas;
Persons who need to know in cases of health or safety emergencies.
Also, "directory" type of information such as one's name, address, telephone
number, date and place of birth, honors and awards, and activities, may be released to
anyone without first getting permission. However, the school must tell parents and
students the type of information that is classified as directory information and provide a
reasonable amount of time to allow the parent or eligible student to tell the school not
to reveal directory information about them.
The school must notify parents and eligible students of their rights under this law.
The actual means of notification (special letter, inclusion in a PTA bulletin or student
handbook, or newspaper article) is left to each school.
If you wish to see your child's education records, or if you are over 18 or are
attending college and would like to see your records, you should contact the school to
find out the procedure to follow.
If there are questions the school cannot answer, or, if you have problems in securing
your rights under this Act, please contact the Family Educational Rights and Privacy Act
(FERPA) Office.
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