Introduction to Federal Protections for Students with Special Needs

The Individuals with Disabilities in Education Improvement Act (“IDEIA”) affords specific protections to school-aged children with special needs impacting the child’s ability to access education. It looks to whether a child is progressing academically, socially, and emotionally. This lecture, presented by education attorney Bonnie Spiro Schinagle, explains the basics of qualification for protection under the IDEIA - called ‘classification’ - and the rights conferred upon a classified student and their parents under the Act.

The course will address the obligations that public schools have to students suspected of qualifying for classification and the new standards provided by the recent Supreme Court decision in Endrew F. v. Douglas Cty, addressing the qualitative objectives of the statute. Lawyers will learn about remedies available under the IDEIA. Practice tips on developing a factual record to illustrate whether a child’s needs are or are not being met will be offered. Remedies will be discussed, as well as the circumstances when the statute’s fee-shifting provisions apply to permit attorney fee reimbursement.

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) provides protection for people, including school-aged children, whose disabilities interfere with ‘major life activities,’ including learning and concentrating. The rights conferred to school aged children under Section 504 will also be addressed, including recovery standards. The issue of exhaustion of administrative remedies and the recent Supreme Court Decision in Fry v. Napoleon Comm. Schools will be discussed.

Learning Objectives: 

1. Discuss the Individuals with Disabilities in Education Improvement Act (“ IDEIA”), and the basic qualifications for protection under IDEIA
2. Understand the remedies available under IDEIA and when IDEIA’s fee-shifting provisions apply to permit attorney fee reimbursement
3. Explore best practices for developing a factual record under IDEIA
4. Review Section 504 of the Rehabilitation Act of 1973, and the protections and remedies it offers for school-aged children