Laws & Regulations
Special Education is governed by legislation known as IDEA 2004.
The acronym stands for the Individuals with Disabilities Education Act. The original law was P.L. 94-142, also known as the Education for All Handicapped Children Act. That law was revised in 1990, again in 1997, and most recently in 2004. Here you can read the 2004 re-authorization of IDEA in full text. EN ESPAÑOL: Sobre la Ley IDEA |
Legislation Overview
Below is an overview of the law.
Special education laws give children with disabilities and their parents important rights. Specifically, the federal Individuals with Disabilities Education Act (IDEA) gives families of special education children the right to:
IDEA defines "children with disabilities" as individuals between the ages of three and 22 with one or more of the following conditions:
Individualized Education Program (IEP)Under IDEA, special education develops and implements an individualized education program, or IEP, that meets your child's unique needs. The acronym IEP refers to several related things:
These regulations add requirements and rules that go well beyond the scope of the actual law. If you have a child in special education, it is important that you understand how the regulations affect your child's rights. You can download and read the text of the regulations on the website of the Department's Office of Special Education and Rehabilitative Services (OSERS). Or, contact your state department of education, your school district, or local support groups to find out how these changes will affect special education in your community. Copyright 2008 Nolo source: Nolo. (2008). Special education law Virginia. Retrieved from http://articles.directorym.com/ Special_Education_Law_Virginia-r935356-Virginia.html Virginia Special Education
The Virginia Department of Education's (DOE) Division of Special Education and Student Services has issued the informational document
Your Family’s Special Education Rights outlining the procedural safeguards notice and requirements (revised June 2009). The document is available in: English Spanish Arabic Chinese Urdu Farsi Korean Vietnamese |
Legislation Overview in Webcasts
You can listen to Web casts of the law by clicking on the links.
Source: http://www.ideatraining.org/ Child Find Requirements Describes requirements for locating and identifying children in need of special education services; and new law concerning which agency is responsible for child find. Evaluation, Assessment, and Consent Discusses the requirements for consent, assessment, re-assessment, and timelines. Eligibility, and Response to Intervention Highlights the three eligibility standards, criteria for eligibility, and options under RtI. Free Appropriate Public Education/Individualized Education Program Describes FAPE, the basic requirements of IEP development, team membership, levels of performance, contents, related services, accommodations, and implementation issues. Placement Issues and Least Restrictive Environment Covers unilateral and private school placements, proportional funding, and Least Restrictive Environment (LRE) issues. Behavior/Discipline Issues Highlights behavior assessments/behavior intervention plans, manifestation determination, short, interim, and long term alternative educational placements, suspension and the requirement to provide services. Procedural Safeguards Describes written notice, informed consent, complaints, notice of procedural safeguards, mediation, the new resolution meetings before due process hearings, attorney's fees. Personnel Issues Covers NCLB highly qualified teacher standards as applied to special education core subject teachers and requirements of specialists and paraprofessional personnel. Click here to see a ChildFind Flyer ResourcesSources of Information About Special Education and IDEA
U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSERS). For information on the IDEA and special education law and to download and read the text of the regulations, visit OSERS at Your state department of education. The federal IDEA is binding on all states. The federal government provides financial assistance to the states, which are responsible for making sure the local school districts comply with the IDEA. Most states have laws that generally parallel IDEA. States can provide children with more, not fewer, protections than IDEA does. For more information on state special education laws and regulations, contact your state department of education. LEGAL / ADVOCACY GROUPS AND RESOURCES FOR SPECIAL EDUCATION
This link will connect you to a list of legal/advocacy groups and resources for special education by the Virginia Department of Education. The list was compiled from various sources, including Virginia law schools, legal aid societies, Internet listings. etc. The list is not exhaustive.
Recent Articles and Updates
1. Spotsylvania County Schools Office of Special Services Special Education Handbook Updates for 2009‐2010 2. Virginia Department of Education 2009 Disability Definition Changes 3. Court case COMMONWEALTH OF VIRGINIA DEPARTMENT OF EDUCATION, Petitioner, v. Richard W. RILEY, United States Secretary of Education 4. IDEA Compliance Back to School on Civil Rights - The Role of the Department of Justice 5. Preparing for the IEP Meeting http://www.nolo.com/legal-encyclopedia/article-30174.html 6. Spotsylvania IDEA Grant Application guidelines for Educators http://205.174.118.254/Grant_guidelines.pdf 7. Spotsylvania IDEA Grant Timeline http://205.174.118.254/Timeline%20for%200910.pdf |