Chapter 5 – Individuals with Disabilities

Chapter Notes

 1975—Congress enacted P.L. 94-142, Education for All Handicapped Children Act
(EAHCA).
 Congress—nation’s best interest for the federal government to intervene and work
collaboratively in addressing the needs of children with disabilities throughout the
country.
 IDEA, ADA 1990, Rehabilitation Act of 1973, Section 504—protected by these statutes.
 Pennsylvania Association for Retarded Children v Commonwealth and Mills v BOE
cases
 Children with disabilities, ages three to twenty-one, the right to a free, appropriate
education in public schools.
 Establishes substantive and procedural due process rights.
 November 19, 2004—IDEA was reauthorized and signed into law on December 3, 2004.
 State must develop aa plan to ensure a free, appropriate education for all children with
disabilities within its jurisdiction.
 Each state must formulate a policy that ensures certain due process rights for all children
with disabilities.
 IDEA requires each state to allocate federal funds first to children with disabilities who
are not receiving any type of education and severe disabilities.
 Timothy W. v Rochester, New Hampshire School District.
 A lack of funds should not be used by school districts as the basis to deny public
education.
 Parental rights must be respected and addressed in matters relating to evaluation.
 Parents are guaranteed the right to contest the outcome of an evaluation if a local district
determines that a child is not disable under Section 504.
 Students who qualify under 504 are provided an Individual Accommodation Plan (IAP).
 The ADA prohibits employment discrimination by employers with fifteen or more
employees.