There are federal, state, and local laws and policies that regulate the provision of
special education to children with disabilities. Federal law is passed by the United States Congress. Federal law sets a “floor,” or baseline, of protections for children with disabilities, and state law may expand on those rights (and in fact the rules in Pennsylvania are more expansive than federal law in a number of important areas).
FEDERAL LAWS AND REGULATIONS
The Individuals with Disabilities Education Act (IDEA) (also known as the Individuals with Disabilities Education Improvement Act or IDEIA 2004) is the main federal law that requires state and public schools to provide a free appropriate public education for children with disabilities establishes important procedural protections, and more.
The law is published at 20 United States Code (U.S.C.) Sections 1400 through 1482. The regulations covering school-aged children that implement the IDEA are published at 34 Code of Federal Regulations (C.F.R.) Part 300. Both the law (called a statute) and the regulations can be found at:
http://idea.ed.gov/ (Click on “Part B” – that is the part of the law that covers children ages 3-21.)
Section 504 of the Rehabilitation Act of 1973 (Section 504) is a “civil rights” law that prohibits discrimination against otherwise qualified people on the basis of disability. Section 504 also requires public schools to provide children with disabilities a free appropriate public education. The law applies to all recipients of federal funding.
Section 504 is published at 29 U.S.C. Section 794, and its implementing regulations that apply to public schools are published at 34 C.F.R. Part 104. More information about Section 504 can be found at: http://www.ed.gov/about/offices/list/ocr/504faq.html. The regulations can be found at: https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html
The Americans with Disabilities Act (ADA) is also a “civil rights” law and it was modeled on Section 504. The ADA prohibits discrimination on the basis of disability in employment, state and local government (including school districts and public preschool programs), public accommodations (like daycare centers), commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. It requires public schools, nonreligious private schools, and other entities to make “reasonable accommodations” for children with disabilities.
Information about the ADA and its implementing regulations can be found at: http://www.ada.gov/.
STATE LAW AND REGULATIONS
The Pennsylvania School Code (state law) requires that school districts identify and appropriately educate all exceptional children, including children with disabilities and children who are mentally gifted.
Relevant sections of the School Code are found at 24 Purdon’s Statutes (P.S.) Sections 13-1371 through 13-1377.
Several chapters of the state education regulations apply to special education programs and services:
22 Pa. Code Chapter 4: Chapter 4 sets out the state’s academic standards and testing requirements. While Chapter 4 applies to all public school children, parts of Chapter 4 refer specifically to children who receive special education (such as the high school graduation requirements).
22 Pa. Code Chapter 14: Chapter 14 is the main chapter of state regulations on special education, including evaluations, IEPs, placement options, early intervention for children ages three (3) to school-age, and due process procedures.
22 Pa. Code Chapter 15: Chapter 15 addresses a school district’s responsibility to comply with Section 504 and provide aids, services, and accommodations to meet the needs of children with disabilities as adequately as the needs of nondisabled children are met.
22 Pa. Code Chapter 16: This chapter governs the provision of special education services to children who are mentally gifted, including children who are both gifted and have disabilities.
22 Pa. Code Chapter 171: This chapter applies to the operation of, and placement of children at, approved private schools for children with disabilities.
22 Pa. Code Chapter 711: Chapter 711 contains the state regulations governing special education services to children in charter schools and cyber charter schools.
These regulations can be found at www.pacode.com (click on “Browse” and then click on “22 Education”). A side-by-side version of the Chapter 14 regulations
and the federal IDEA regulations can be found here.25 Copies of these regulations can
also be obtained from the Special Education ConsultLine at 1-800-879-2301.
State Policy Guidance: The Pennsylvania Department of Education also issues Basic Education Circulars (BECs) on a variety of topics related to special education and other school issues. The BECs can be found at: https://www.education.pa.gov/Policy-Funding/BECS/Pages/default.aspx
LOCAL POLICIES
Each school district and intermediate unit must prepare a “special education plan” that describes what services will be provided and other aspects of its special education program (such as its placement options). These plans must be approved by the local school or IU board and by the Pennsylvania Department of Education. School districts must revise their plan every three years;
IUs must do a plan every year. You can usually get a copy of your district’s plan through the Superintendent’s office or on your school district’s website.
Charter schools and cyber charter schools are not required to prepare a special education plan, but they must submit a yearly report to PDE that describes, among
other things, the services and programs available to children with disabilities.