Special Education:
THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)
The Individuals with Disabilities Education Act (IDEA) can be found beginning at 20 USC §1400. Federal regulations are at 34 CFR § 300. The IDEA used to be called the Education for All Handicapped Children Act (EAHCA or EHA) or P.L. 94-142. Copies of this law and its regulations can be obtained by contacting:
OREGON SPECIAL EDUCATION LAW
State special education law can be found beginning at Oregon Revised Statutes, ORS Chapter 343. State regulations can be found beginning at Oregon Administrative Rules, OAR Chapter 581. These laws and regulations are very similar to the federal law. Copies can be obtained by contacting:
The Buckley Amendment is the short name for a federal law known as the Family Educational Rights and Privacy Act (FERPA). This law gives parents and guardians of students under 18 years of age, and all students over 18, the right to see, correct and generally control access to student records. This law can be found beginning at 20 USC §1232g. Regulations are found at 34 CFR § 99.
Under FERPA, parents have the right to:
Copies of this law can be obtained by writing to:
Complaints under Section 504 (29 USC § 794) may be made to the school district or the U.S. Department of Education, Office of Civil Rights, Region X in Seattle. Regulations are found beginning at 28 CFR § 41.1. Copies of this law can be obtained by contacting:
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability in a broad range of programs, activities and services, whether or not federal funds are involved. The ADA applies to employment, public services, transportation, public accommodations and telecommunications. Both the ADA and Section 504 include accessibility standards. This law begins at 42 USC § 12101.
The ADA's Title II (Subtitle A) applies to local and state government, including public schools. Title II regulations are at 28 CFR Part 35. The U.S. Department of Justice has a Technical Assistance Manual that interprets ADA laws and regulations.
All school districts were required to complete an ADA self-evaluation by January 26, 1993. The self-evaluation must include a review of physical barriers to program access, and necessary steps to make programs accessible. If structural changes are necessary, school districts with 50 or more employees must do a written transition plan that provides for removal of program barriers. The self-assessment and transition plan are public documents. School districts with 50 or more employees must also have a grievance procedure and a 504/ADA compliance officer.
Complaints under the ADA can be made to the Office of Civil Rights, U.S. Department of Education, in Seattle, see Section 504, or to the Department of Justice.
Coordination and Review Section
(202) 514-0301 (voice)
Civil Rights Division
(202) 514-0381 (TTY)
U.S. Department of Justice
(202) 514-0383 (TTY)
PO Box 66118
Washington, DC 20035-6118
For more information about the ADA, contact the U.S. Department of Justice, above, or the Oregon Advocacy Center.
These laws also may be found at law libraries.
Each county courthouse has a law library that is open to the public.