- Individuals with Disabilities Education Act (IDEA)
- IDEA Regulations
- Section 504 of the Rehabilitation Act
- Federal Guidance on IDEA and Section 504
- Family Educational Rights and Privacy Act (FERPA)
- Protection of Pupil Rights Amendment (PPRA)
1. Individuals with Disabilities Education Act (IDEA)
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The Individuals with Disabilities Education Act, or IDEA, is a federal law that governs how states and school districts support children with disabilities from birth to age 21. Part B of IDEA focuses on preschool and school-age students, ensuring they receive a Free Appropriate Public Education (FAPE) that includes special education and related services tailored to their unique needs. The goal is to prepare these students for further education, employment, and independent living while protecting their rights and the rights of their parents.
States and local educational agencies receive funding through IDEA to help achieve these goals.
2. IDEA Regulations
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Federal regulations implement laws passed by Congress. Two versions of the IDEA regulations are available:
- : The final version posted on the official government website.
- Federal Register version: This includes a detailed discussion of changes following the 2004 amendments, an analysis of public comments, and the Department of Education's responses, offering insights into the law's interpretation.
The offers a wealth of topical information and resources from the U.S. Department of Education’s Office of Special Education Programs and other federal agencies. These resources are designed to support educators, parents, and service providers in delivering high-quality education and services to students with disabilities.
3. Section 504 of the Rehabilitation Act of 1973
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Section 504 is another crucial federal law that impacts the education of students with disabilities. It prohibits any entity that receives federal funding, whether public or private, from discriminating based on disability. In essence, Section 504 serves as a "civil rights" law for students with disabilities.
How Section 504 Relates to IDEA and the Americans with Disabilities Act (ADA)
- Broader coverage: Section 504 covers a wider range of students with disabilities than IDEA, but its protections are less specific.
- Overlap with IDEA: Students eligible for special education under IDEA are also covered by Section 504, though IDEA is their primary source of rights.
- Relationship with ADA: The 2008 amendments to the ADA introduced new examples of “major life activities” broadening how the term “disability” is interpreted under Section 504. While all students with disabilities are protected under the ADA, the obligations for public schools under Section 504 and ADA are nearly identical.
If you're unsure or curious about how IDEA, Section 504 and the ADA interrelate, start with the and
4. Federal Guidance on IDEA and Section 504
Federal guidance provides essential support for implementing IDEA and Section 504 in schools. This guidance covers a variety of topics, helping educators and administrators navigate day-to-day challenges.
Resources include:
- Policy support documents: Memos, Dear Colleague Letters, and FAQs.
- Response letters: Direct responses to questions from parents, educators, and advocacy groups.
These materials are designed to clarify policies and ensure that the rights of students with disabilities are upheld consistently across all educational settings.
Adapted physical education
(April 2022)
ADHD
(July 2016)
Assistive technology devices & services
(Jan. 2024)
(Jan. 2024)
Behavior supports
(Aug. 2016)
(Aug. 2016)
Bullying
(July 2013)
Charter schools
(Dec. 2016)
(Dec. 2016)
(Aug. 2016)
(Sept. 2015)
Communication needs of students with hearing, vision or speech disabilities
(Nov. 2014)
(Nov. 2014)
(Nov. 2014)
Compensatory services (non-COVID)
(compensatory/makeup services not required for services missed during assessments, April 2018)
Confidentiality
(Oct. 2016)
Consent
(June 2013)
(Feb. 2013)
(April 2013)
Correctional facilities
(Dec. 2014)
Discipline procedures
(July 19, 2022)
(July 19, 2022)
(July 19, 2022)
(July 19, 2022)
(MDR requirement for students who have not yet been evaluated, Jan. 2019)
Dispute resolution procedures
(April 2016)
(July 2013)
Dyslexia
(Oct. 2015)
Early childhood transition
(Nov. 2023)
English language learners with disabilities
(policy guidance and resources for IEPs and services for ELLs with disabilities, Nov. 2021)
, updated to reflect Every Student Succeeds Act (ESSA) of 2015 (Chapter 6 of English Learner Toolkit)
(Oct. 2014)
(June 2016)
Evaluations
(student participation and timeframe for providing evaluation reports, Sept. 9, 2019)
(classroom observations by independent evaluators, Aug. 2018)
(April 2015)
(Revised Sept. 2011)
Free and Appropriate Public Education (FAPE) & academic content standards
(Nov. 2015)
Hearing impairments: eligibility
(Nov. 2014)
Highly mobile and homeless students
(July 2013)
IEP teams
(attendance of non-participating observers at IEP team meetings, May 2019)
(Feb. 2016)
Independent educational evaluations
(request for independent educational evaluation does not trigger pendency, June 2018)
(Oct. 2016)
Medicaid
(June 2013)
(Feb. 2013)
Postsecondary opportunities
(Sept. 2019)
Preschool
(Nov. 2023)
(special day programs with prescribed service menu, Sept. 2019)
(Jan. 2017)
(April 2016)
(Sept. 2015)
(Sept. 2015)
Response to Intervention (RTI)
(July 2011)
Specific learning disabilities
(April 2016)
(Oct. 2015)
(April 2015)
(Dec. 2013)
Speech and language services
(July 2015)
State complaints
(July 2019)
(May 2019)
(remedial authority of SEA, April 2018)
State general supervision responsibilities
(July 2024)
(July 2023)
Transition
(consent not generally required for transition assessments) (Feb. 2019)
(May 2017)
Transportation
(Nov. 2013)
Visual impairments: eligibility
(May 2017)
(June 2013)
5. Family Educational Rights and Privacy Act (FERPA)
FERPA is a federal law that protects students' privacy by controlling access to their education records. It gives parents and eligible students the right to inspect, review, and request changes to these records. FERPA applies to all schools receiving federal funds.
Key points:
- Consent for disclosure: Generally, schools need parent or student consent to share personally identifiable information. However, there are exceptions. For example, teachers and other "school officials" can access student records if they have a "legitimate educational interest."
- Directory information: Schools can share basic information like a student's name, address, and phone number without consent, but they must inform parents and students and allow them to opt-out.
For more detailed information, the U. S. Department of Education’s offers resources tailored for K-12 officials, parents and educators.
Additional resources
- Chancellor’s Regulation A-820, Confidentiality and Release of Student Records, Records Retention, implements FERPA requirements in New York State.
- : Crosswalk
- : A Q&A format for understanding FERPA in schools
- : Clarifies how these laws apply to student health records
- (US DOE)
- (July 2021)
6. Protection of Pupil Rights Amendment (PPRA)
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The PPRA is a federal law that protects students from being required to participate in certain types of surveys, analyses, or evaluations without parental consent. Specifically, it covers the following eight sensitive areas:
- Political beliefs: The student’s or parent’s political affiliations or beliefs.
- Mental health: Mental or psychological issues of the student or their family.
- Sexual behavior: Attitudes or behavior related to sex.
- Illegal or demeaning behavior: Questions about illegal, anti-social, or self-incriminating activities.
- Family relationships: Criticisms of people with whom the student has close family ties.
- Privileged relationships: Information covered by legal privileges, like those between lawyers, doctors, or ministers and their clients.
- Religious practices: The student’s or parent’s religious practices, affiliations, or beliefs.
- Income: Family income, unless it's required to determine eligibility for financial aid or program participation.
Parental Rights: Parents have the right to receive notice and opt-out their children from activities that involve these protected areas. Schools often use a Model Notice of Rights and Model Consent/Opt-Out Form to inform parents and obtain their consent when necessary. More information about the PPRA can be found .