Part I of this article provides an overview of special education law, to give the practitioner a working knowledge of the process. It reviews the Individuals with Disabilities Education Improvement Act (IDEA), including “child find” and eligibility, how services are provided, due process, school discipline, and transitions. It also addresses Section 504 of the 1973 Rehabilitation Act.
Many children have special needs that affect their education. Sometimes, the educational system works to meet these needs. Often, it does not. A parent, attorney, or other advocate needs to know what the law pertaining to special education provides and how the system should work for children with special needs, be able to identify where things go wrong, and use the legal process to fix it.
This two-part article provides an overview of the laws governing educational access for children with special needs. Part I describes the statutory and regulatory scheme that covers all children with special needs. Part II, which will be published in a future issue, will discuss areas of special education law relevant to children involved in the juvenile justice system in child welfare and delinquency matters. ... Read More →