Education Law Advocates, P.C.

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Education Law Advocates, P.C.
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Education and special education law are vast areas. Key laws affecting the rights of children with disabilities include the Individuals with Disabilities Education Improvement Act of 2004 (“IDEA 2004”), the No Child Left Behind Act (“NCLB”), Section 504 of the Rehabilitation Act of 1973 (“Section 504”), the Americans with Disabilities Act (ADA), and the Family Educational Rights and Privacy Act (“FERPA”). In addition to these federal laws, there are also state laws and regulations that may bear on your child's rights, as well as case law and other important sources of law, including decisions of hearing officers and hearing officer appeal panels. So the law takes many forms.

Sometimes, the law can be confusing and difficult to understand. But sometimes it can be simpler than you think. It can tell you useful things like how many days a school district is allowed before it must complete its evaluation of your child or who must attend IEP meetings.

The more you know about the law, the better you can advocate for your child.

Know your legal rights! Some of the key federal and state laws and regulations that can affect your child's rights are set forth in the table and text that follows. To check out a law or regulation, click on the link shown for it or copy and paste the link into your web browser.

These are the “primary” sources of the law -- the actual text of the law itself. Another source of information is articles “about” the law that are written for parents. To find easy-to-understand information about the law, go to our Web Links page.

If you would like assistance in learning more about the law or would like us to provide you with more information on the law affecting your child's particular situation, please contact us.

We are confident we can help.

Education law is virtually all we do.

Call us now at 610.696.5006 or email us now!

Key Statutes and Regulations

Law, Statute or Regulation

Comment

Individuals with Disabilities Education Improvement Act ("IDEA 2004")

This legislation was signed into law on 12/03/2004, becoming Public Law No. 108-446. It went into effect on 7/01/05.

Pennsylvania Special Education Regulations, 22 Pa. Code Ch. 14

These are the Pennsylvania state regulations that further define how IDEA is applied in Pennsylvania.

hhttp://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=34&PART=104&SECTION=4&YEAR=1999&TYPE=TEXT34 CFR 104.4

The civil rights statute that bars s discrimination against anyone whose disability "substantially limits [a] . . . major life activity," such as education.

Section 504 Regulations, 34 CFR part 104

These regulations are important in understanding Section 504.

Pennsylvania Section 504 regulations, 22 Pa. Code §§15.1-15.11

Applies to "protected handicapped students."

Americans with Disabilities Act

Very important civil rights legislation, including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009.  This applies to both private employers and state and local governments, including schools.

ADA regulations

The ADA regs applicable to public entities.

Family Educational Rights and Privacy Act (FERPA), 20 USC§1232g

FERPA empowers parents to access and amend their child's education records, and have some control over the release of personally identifiable information.

FERPA regulations, 34 CFR part 99

Regulations providing further detail on rights under FERPA

No Child Left Behind Act of 2001, 115 Stat. 1425

This legislation, which became law in 2002, reauthorizes the Elementary and Secondary Education Act of 1966. It mandates research-based approaches to learning, higher teacher standards, and objective testing to assess results.

Governs services to infants, toddlers and pre-schoolers with disabilities. For regulations, see 55 Pa. Code 4226.1. Go to http://www.pacode.com/secure/data/055/chapter4226/s4226.1.html. For regulations, go to http://www.pattan.net/regsforms/OMREIRegulations.aspx

Other Laws and Sources of Information:

ELA Education Law Advocates PC - Special Education Lawyers

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West Chester, Pennsylvania 19382
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Education Law Advocates, P.C. skillfully represents parents and their special needs children in southeastern and central Pennsylvania, including West Chester, Lower Merion, Coatesville, Paoli, Downingtown and Upper Darby, and throughout the Philadelphia metro area, including Chester County, Montgomery County, Delaware County, Bucks County, Philadelphia, Lancaster County and Berks County.

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