The educational rights of a child with a disability arise from various forms of federal and state laws. The main statutes and regulations that make up these educational rights are listed below. A brief description and link to the full text are provided as well.
- Individuals with Disabilities Education Improvement Act (“IDEIA”, or "IDEA") of 2004, 20 U.S.C. §1400, et. seq.
- The IDEIA is a comprehensive statute defining the rights of children with disabilities, as well as the rights of their parents/legal guardians. The IDEA governs every step of the special education process, from a child’s first evaluation, to the creation of their IEP, to the due process rights afforded to families who disagree with the school district’s recommendations.
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, et. seq.
- Section 504 of the Rehabilitation Act of 1973 protects special needs students from disability-based discrimination by organizations that receive financial assistance from any Federal department or agency, including their local school districts.
- Family Educational Rights and Privacy Act, 20 U.S.C. §1232(g), et. Seq
- The Family Education Rights and Privacy Act, or “FERPA”, protects the privacy rights of students’ educational records. Under FERPA, a school may not disclose identifying information about a student without parental consent.
- IDEIA Regulations, 34 C.F.R. Part 300.
- The IDEIA Regulations provide additional guidance regarding the implementation of specific provisions of the IDEIA.
- New York Education Law, NY CLS Educ § 4401, et. seq.
- The New York Education Law governs the education of all students in the state. Like the IDEIA, it defines the special education process. As state law, it cannot take away any rights granted by the federal government via the IDEIA and, in fact, grants additional rights.
- New York Commissioner Regulations, 8 N.Y.C.R.R. § 200, et. seq.
- Part 200 of the Commissioner’s Regulations provide specific guidance for the provision of special education in New York, including the evaluation and IEP creation process, and the due process rights of a parent who challenges decisions about their child’s education. Specific guidance is also included about the education of autistic students.