ERIC Number: ED405701
Record Type: Non-Journal
Publication Date: 1994-May
Reference Count: N/A
Overview: Educational Rights of Children with Disabilities under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973.
Center for Law and Education, Washington, DC.
This report reviews and compares the legal rights of students with disabilities under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. The first and second sections detail the statutory framework of the laws and legal requirements pertaining to eligibility, identification, and local and state program responsibility, including provisions on the population protected and age ranges. Section 3 describes the provisions on evaluations and evaluation safeguards in the two laws, including language affecting notice and consent for evaluation, the nature of the evaluation, evaluation methods, independent evaluations, interpretation and use of evaluation results, and review and reevaluation. Section 4 focuses on provisions in the two laws that address programming and placement decisions and provides information on the requirements of individualized education programs and least restrictive environment. Requirements governing parental participation are also described. The final section deals with parent challenges to school decisions and includes a review of provisions on notice, complaints, hearings, appeals, civil action, child's placement status during administrative and judicial proceedings, remedies, and attorneys' fees. Court decisions are cited throughout the legal review. (CR)
Descriptors: Civil Rights Legislation, Clinical Diagnosis, Court Litigation, Disabilities, Disability Identification, Educational Legislation, Elementary Secondary Education, Federal Legislation, Inclusive Schools, Individualized Education Programs, Legal Responsibility, Mainstreaming, Parent Participation, Student Placement
Publication Type: Reports - General; Information Analyses
Education Level: N/A
Authoring Institution: Center for Law and Education, Washington, DC.
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)