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As a result, state public education programs became subject to federal non-discrimination requirements. However, Section 504 only requires that the school in question develop a "plan" (often called a "504 Plan") for the child, unlike an Individualized Education Program, or IEP, which tends to generate a more in-depth, actionable document. [20]
Section 504 of the Rehabilitation Act of 1973 states (in part): . No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial ...
An Individualized Education Program (IEP) is a legal document under United States law that is developed for each public school child in the U.S. who needs special education. [1] IEPs must be reviewed every year to keep track of the child's educational progress. [ 2 ]
This transfer would have effectively terminated Tommy's public education. Tommy's parents appealed the school district's decision through the administrative process created by EAHCA. Once the administrative process was exhausted, the Smiths sought judicial review pursuant to the EAHCA, § 504 of the Rehabilitation Act, and 42 U.S.C. § 1983.
Because the law does not clearly state to what degree the least restrictive environment is, courts have had to interpret the LRE principle. In a landmark case interpreting IDEA's predecessor statute (EHA), Daniel R.R. v. State Board of Education (1989), it was determined that students with disabilities have a right to be included in both academic and extracurricular programs of general education.
To provide FAPE, schools must provide students with an "education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living." [16] The IDEA includes requirements that schools provide each disabled student an education that:
Push-in vs. Pull-out services in Special Education is the way the services are presented at an IEP or 504 meeting and the action of putting your child into them. The law of "Get'em in" to "Get'em through" and now "Get-em ready!" was intended to improve understandings of the needs of students with disabilities.
The Special Education Elementary Longitudinal Study (SEELS) was a study of school-age students funded by the Office of Special Education Programs (OSEP) in the U.S. Department of Education and was part of the national assessment of the 1997 Individuals with Disabilities Education Act (IDEA 97). From 2000 to 2006, SEELS documented the school ...