ERIC Number: EJ867493
Record Type: Journal
Publication Date: 2009
Reference Count: 18
Legal Eligibility of Students with Learning Disabilities: Consider Not Only RTI but Also [section] 504
Zirkel, Perry A.
Learning Disability Quarterly, v32 n2 p51-53 Spr 2009
The modern history of the legal protections for students with learning disabilities in K-12 education focuses on the Individuals with Disabilities Education Act (IDEA), which is funding legislation with detailed accompanying regulations that, respectively, are periodically revised as part of the reauthorization process. In contrast, Section 504 of the Rehabilitation Act ([section] 504), which dates back to 1973, and its sister statute, the Americans with Disabilities Act (ADA), have played a rather distant secondary role for students with learning disabilities specifically and students with disabilities generally in elementary and secondary education. The current focus on response to intervention (RTI) exemplifies the seeming primacy of the IDEA in terms of the legal eligibility of students with learning disabilities and, thus, their entitlement to substantive treatment, such as individualized "appropriate" education, and procedural protections, such as complaint resolution investigations and impartial due process hearings. Yet, the literature in the field has largely failed to recognize the emerging significant impact of [section] 504 that results from the recent Americans with Disabilities Act Amendments (ADAA). In this article, the author provides a brief overview of the respective roles of RTI under the IDEA and [section] 504 as a result of the ADAA in terms of the legal eligibility and, thus, entitlement, of students with learning disabilities.
Descriptors: Educational History, Civil Rights, Elementary Secondary Education, Eligibility, Hearings, Learning Disabilities, Legal Responsibility, Student Rights, Federal Legislation, Special Needs Students, Student Needs, Individualized Instruction, Compliance (Legal), Intervention
Council for Learning Disabilities. P.O. Box 4014, Leesburg, VA 20177. Tel: 571-258-1010; Fax: 571-258-1011; Web site: http://www.cldinternational.org
Publication Type: Journal Articles; Opinion Papers
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Individuals with Disabilities Education Act; Rehabilitation Act 1973