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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. |
| The civil rights statute that bars s discrimination against anyone whose disability "substantially limits [a] . . . major life activity," such as education. | |
| These regulations are important in understanding Section 504. | |
| Pennsylvania Section 504 regulations, 22 Pa. Code §§15.1-15.11 | Applies to "protected handicapped students." |
| 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. | |
| 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. |
| Regulations providing further detail on rights under FERPA | |
| 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:
- Pennsylvania Early Intervention Services System Act (Act 212), 11 P.S. §875-101 to 875-502
Governs services to infants, toddlers and pre-schoolers with disabilities. For regulations, see 55 Pa. Code 4226.1. -
Early Intervention Transition: Infants and Toddlers to Preschool,11 P.S. §875-304
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Early Intervention Transition: Preschool Programs to School-Aged Programs
- Pennsylvania Public School Code regulations:
- Charter schools services for the disabled
24 P.S. §§17-1701-A to 17-1732-A; 22 Pa. Code §§711.1 - 711.62. - Regulations
- Statute
- Gifted Students
- 22 Pa. Code §§16.1 - 16.65 (interpreting 24 P.S. §13-1371)
- Placements in state-approved private schools
- 22 Pa. Code §§171.11 - 171.19
- Charter schools services for the disabled
- Other Pennsylvania Resources
- Basic Educational Circulars (BEC's) - policy bulletins issued by the Pa. Dept. of Education. For example: the BEC on "Inclusion of Special Education Students," regarding 22 Pa.Code §342.42(c).
- Pennsylvania's State Plan - Pennsylvania's annual submission to the federal government detailing its policies and procedures to ensure compliance with the IDEA.
- Local School District Education Plans - plans submitted to the Pa. Dept. of Education by each school district and Intermediate Unit every three years describing their special education programs. (Contact your S.D. or I.U.).
Education Law Advocates, P.C. skillfully represents parents and their children in southeastern Pennsylvania, including the communities of 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, Lancaster County and Berks County.
Education Law Advocates, P.C.
Special Education Lawyers
The Culbertson Building
590 Snyder Avenue
West Chester, Pennsylvania 19382
Voice: 610.696.5006
Fax: 610.696.6590
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