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Special Education

Legal Information

  • Accommodations on High-Stakes Tests

    Deciding whether a student with a disability should take the same tests given to other students is a big and important decision, many tests can affect the rest of the student’s life. One immediately thinks about tests like the high school exit exam, Scholastic Aptitude Test (SAT), and final examinations for individual courses. However, testing of all kinds, whether a daily quiz or chapter test, is equally important. Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Americans with Disabilities Act (ADA) & Section 504 of the Rehabilitation Act: College Students

    If you are a college student and you have a disability, two federal laws protect you from discrimination based on your disability.Title II of the Americans with Disabilities Act (ADA) protects people with disabilities from discrimination by state funded schools such as state universities, community colleges and vocational schools. If you feel that a state funded school has discriminated against you because of your disability you may have a claim under Title II of the ADA. Section 504 of the Rehabilitation Act of 1973 also protects college students with disabilities. Under this law any school that receives federal funds may not discriminate on the basis of a disability. Most (but not all) post-secondary schools receive federal funding in the form of federal grants to pay student tuition. Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Considering Mediation for Special Education Disputes

    When a parent and school district disagree in an Individualized Education Plan (IEP) meeting, many people immediately consider going to a due process hearing. However, mediation is another way of dealing with a disagreement between the school district and the parent. Parents may want to try this less formal method before asking for a due process hearing. Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Continuum of Care for Emotionally Disturbed Children FAQs

    Content Detail

    By:
    Governor's Office - Continuum of Care for Emotionally Disturbed Children
  • Education Evaluation

    Children with disabilities have a right to a free appropriate public education under both the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Education for Children with Disabilities

    There are two laws you should know about. Most parents know that federal law requires schools to give children with disabilities special help. The Individuals with Disabilities Education Act (IDEA) is a well-known law requiring this type of special education. Another law also affects the education of children with a disability. It is Section 504 of the Rehabilitation Act of 1973. This fact sheet will give you information about these two laws. Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Filing a Complaint with the South Carolina Department of Education

    Under IDEA (the Individuals with Disabilities Education Act), parents have three options available to them for resolving disagreements about the education of their children: (1) the impartial due process hearing system; (2) the less formal mediation process; or (3) the complaint system operated by the State Department of Education (SDE). Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Filing a 504 Education Complaint

    Section 504 of the Rehabilitation Act of 1973 makes it illegal for any agency or organization receiving federal funds to discriminate in any way against qualified people with disabilities. Under this law, school districts must make sure that children with disabilities are not excluded from educational services and provide accommodations to children who need them to benefit from those services. Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Guide to Disability Rights Laws

    This document, last updated August 2001, explains each of the Federal civil rights laws protecting people with disabilities, including the Americans with Disabilities Act, Telecommunications Act, Fair Housing Act, Air Carrier Access Act, Voting Accessibility for the Elderly and Handicapped Act, National Voter Registration Act, Civil Rights of Institutionalized Persons Act, Individuals with Disabilities Education Act, Rehabilitation Act, and the Architectural Barriers Act. The document contains other sources of disability rights information as well. Content Detail

    By:
    U.S. Department of Justice
  • Least Restrictive Environment

    Call it whatever you want, but the Individuals with Disabilities Education Act (IDEA) requires school districts to ensure: “…to the maximum extent appropriate, children with disabilities,…are educated with children who are not disabled and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” [20 U.S.C. 1412(5)(B)] Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Protections for Students not yet Classified as IDEA

    The Individuals with Disabilities Education Act (IDEA) provides several protections for students with disabilities. Some of these protections extend to students not yet identified as IDEA eligible when they are suspended or expelled from school. These safeguards apply only IF the school district had knowledge that the student had a disability before the behavior that led to disciplinary action. Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Related Services-A Very Important Part of Special Education

    The Individuals with Disabilities Education Act (IDEA) requires Related Services to be given to a student with a disability who needs them in order to benefit from the education being offered. Content Detail

    By:
    Protection and Advocacy for People with Disabilities
  • Sample Section 504 Plan

    Content Detail

    By:
    Disability Rights Education and Defense Fund
  • SCLS Education Rights Presentation

    Content Detail

    By:
    South Carolina Legal Services - Greenville