Legal Rights of Persons With Disabilities - Ossh.com

program supported by federal funding. Since every state accepts federal money for its general education
programs, every state is forbidden to discriminate against a child with a disability in education. (29 U.S.C.
' 794.)
Under the IDEA, any state that wants federal money for the education of a child with a disability
must prove to the United States Department of Education that it provides a "free, appropriate, public
education" to all children with disabilities between the ages of 3 and 21. (20 U.S.C. '' 1400(c) and 1412.)
The state must also show that it has procedures to insure:
$ that all children with a disability within the state are identified and contacted (20 U.S.C.
' 1412(a)(3)(A));
$ that all children with disabilities within the state are evaluated (20 U.S.C. ' 1412(a)(3)(A));
$ that an "Individualized Education Program" is prepared for every child in need of special education
(this will be discussed below) (20 U.S.C. '' 1412(a)(4) and 1414(a)(1));
$ that the services needed by a child are actually provided to the child (20 U.S.C. ' 1412(a)(6));
$ that in adopting policies, programs and procedures for IDEA that there be public hearings,
adequate notice of those hearings, and an opportunity for comment from the public (20 U.S.C. ''
1415; 1412(a)(6)); and
$ that parents are permitted to get both administrative and judicial review of any school district
decision concerning their child (this is discussed in more detail below.) (20 U.S.C. ' 1415.)
By accepting federal money, a state assumes the duty to provide to every child with a disability
within the state an appropriate primary and secondary education. (Board of Education v. Rowley (1982)
458 U.S. 176.)
2. State Law
California accepts federal money for the education of children with disabilities, and therefore must
provide children with disabilities a free, appropriate education under the federal statutes discussed above.
In addition, California itself has enacted statutes concerning the education of children with disabilities, and
these statutes sometimes provide greater benefits than federal law. (Ed. Code, ' 56000 et seq.)
C. A Free, Appropriate, Public Education
1. "Special Education" and "Related Services"
States must provide both special education and related services for children with disabilities.
a. Special Education
"Special education" means instruction specially tailored to the needs of a child with a disability.
(Abrahamson v. Hershman (1st Cir. 1983) 701 F.2d 223; Kruelle v. New Castle County School District (3rd
Cir. 1981) 642 F.2d 687.) Usually, instruction is in the same subjects taught to other children -- reading,
spelling, arithmetic, science, American history, etc. -- in a way or at a pace that helps the child with a
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