Federal Laws, Regulations and Policy Guidance

Individuals with Disabilities Education Act (IDEA)
IDEA Regulations
Section 504 of the Rehabilitation Act
Federal Guidance on IDEA and Section 504
Family Educational Rights and Privacy Act (FERPA)
Protection of Pupil Rights Amendment (PPRA)

1. Individuals with Disabilities Education Act (IDEA)

Read the Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act, or IDEA, is a federal law that governs how states and school districts support children with disabilities from birth to age 21. Part B of IDEA focuses on preschool and school-age students, ensuring they receive a Free Appropriate Public Education (FAPE) that includes special education and related services tailored to their unique needs. The goal is to prepare these students for further education, employment, and independent living while protecting their rights and the rights of their parents.

States and local educational agencies receive funding through IDEA to help achieve these goals.

2. IDEA Regulations

Read the IDEA Regulations (US DOE)

Federal regulations implement laws passed by Congress. Two versions of the IDEA regulations are available:

Current regulations: The final version posted on the official government website.
Federal Register version: This includes a detailed discussion of changes following the 2004 amendments, an analysis of public comments, and the Department of Education's responses, offering insights into the law's interpretation.

The federal IDEA website offers a wealth of topical information and resources from the U.S. Department of Education’s Office of Special Education Programs and other federal agencies. These resources are designed to support educators, parents, and service providers in delivering high-quality education and services to students with disabilities.

3. Section 504 of the Rehabilitation Act of 1973

See Section 504 of the Rehabilitation Act and a Q&A fact sheet about the law

Section 504 is another crucial federal law that impacts the education of students with disabilities. It prohibits any entity that receives federal funding, whether public or private, from discriminating based on disability. In essence, Section 504 serves as a "civil rights" law for students with disabilities.

How Section 504 Relates to IDEA and the Americans with Disabilities Act (ADA)

Broader coverage: Section 504 covers a wider range of students with disabilities than IDEA, but its protections are less specific.
Overlap with IDEA: Students eligible for special education under IDEA are also covered by Section 504, though IDEA is their primary source of rights.
Relationship with ADA: The 2008 amendments to the ADA introduced new examples of “major life activities” broadening how the term “disability” is interpreted under Section 504. While all students with disabilities are protected under the ADA, the obligations for public schools under Section 504 and ADA are nearly identical.

If you're unsure or curious about how IDEA, Section 504 and the ADA interrelate, start with the Frequently Asked Questions About Section 504 and the Education of Children with Disabilities and Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools.

4. Federal Guidance on IDEA and Section 504

Federal guidance provides essential support for implementing IDEA and Section 504 in schools. This guidance covers a variety of topics, helping educators and administrators navigate day-to-day challenges.

Resources include:

Policy support documents: Memos, Dear Colleague Letters, and FAQs.
Response letters: Direct responses to questions from parents, educators, and advocacy groups.

These materials are designed to clarify policies and ensure that the rights of students with disabilities are upheld consistently across all educational settings.

Compensatory services (non-COVID)

Letter to Kane (compensatory/makeup services not required for services missed during assessments, April 2018)

Confidentiality

Understanding the Confidentiality Requirements Applicable to IDEA Early Childhood Programs: Frequently Asked Questions (Oct. 2016)

Consent

Correctional facilities

Dear Colleague Letter on Students with Disabilities in Correctional Facilities (Dec. 2014)

Discipline procedures

Dear Colleague Letter on Implementation of IDEA Discipline Provisions (July 19, 2022)

Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders (July 19, 2022)

Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions (July 19, 2022)

Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 (July 19, 2022)

Letter to Nathan (MDR requirement for students who have not yet been evaluated, Jan. 2019)

Dispute resolution procedures

Dear Colleague Letter on Use of Due Process Procedures After a Parent has Filed a State Complaint (April 2016)

Questions and Answers about Dispute Resolution Procedures under Part B of IDEA (July 2013)

Dyslexia

Dear Colleague Letter on Dyslexia(Oct. 2015)

Early childhood transition

Early Childhood Transition Questions and Answers (Nov. 2023)

English language learners with disabilities

Letter to Boals (policy guidance and resources for IEPs and services for ELLs with disabilities, Nov. 2021)

Addressing English Learners with Disabilities, updated to reflect Every Student Succeeds Act (ESSA) of 2015 (Chapter 6 of English Learner Toolkit)

Addendum to Questions and Answers on Inclusion of English Learners with Disabilities in English Language Proficiency Assessments and Title III Annual Measurable Achievement Objectives(Oct. 2014)

Dear Colleague Letter on IEP Translation (June 2016)

Evaluations

Letter to Anonymous (student participation and timeframe for providing evaluation reports, Sept. 9, 2019)

Letter to Anonymous (classroom observations by independent evaluators, Aug. 2018)

Letter to Delisle re: Students with Disabilities with High Cognition (April 2015)

Questions and Answers on Individualized Education Programs (IEPs), Evaluations, and Reevaluations(Revised Sept. 2011)

Free and Appropriate Public Education (FAPE) & academic content standards

Questions and Answers (Q&A) on U. S. Supreme Court Case Decision Endrew F. v. Douglas County School District Re-1

Dear Colleague Letter on Free Appropriate Public Education and Alignment with Grade Level State Academic Content Standards(Nov. 2015)

Hearing impairments: eligibility

Letter to Blodgett re: Students with Hearing Loss that Has Been Medically or Surgically Corrected(Nov. 2014)

Highly mobile and homeless students

Questions and Answers on High Quality Education for Highly Mobile Children (July 2013)

IEP teams

Letter to Haller (attendance of non-participating observers at IEP team meetings, May 2019)

Letter to Andel re: Participation of Parent’s Attorney at IEP Team Meeting(Feb. 2016)

Independent educational evaluations

Letter to Anonymous (request for independent educational evaluation does not trigger pendency, June 2018)

Letter to Carroll re: Independent Educational Evaluations(Oct. 2016)

Medicaid

Postsecondary opportunities

Increasing Postsecondary Opportunities and Success for Students and Youth with Disabilities (Sept. 2019)

Preschool

Policy Statement on Inclusion of Students with Disabilities in Early Childhood Programs (Nov. 2023)

Letter to Rowland (special day programs with prescribed service menu, Sept. 2019)

Dear Colleague Letter on Preschool Least Restrictive Environment(Jan. 2017)

Response to Intervention and Preschool Services (April 2016)

Joint Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs (Sept. 2015)

Executive Summary of Joint Policy Statement (Sept. 2015)

Response to Intervention (RTI)

Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (July 2011)

Specific learning disabilities

Letter to Unnerstall re: Evaluation for Specific Learning Disabilities(April 2016)

Dear Colleague Letter on Use of Dyslexia, Dyscalculia and Dysgraphia in IEP Process (Oct. 2015)

OSEP Memo on Letter to Delisle: Children with Disabilities with High Cognition (April 2015)

Letter to Delisle re: Children with High Cognition and Learning Disabilities (“2E Students) (Dec. 2013)

Speech and language services

Dear Colleague Letter on Speech and Language Services for Students with Autism (July 2015)

State complaints

Letter to Zirkel (July 2019)

Letter to Zirkel (May 2019)

Letter to Lipsitt (remedial authority of SEA, April 2018)

State general supervision responsibilities

US DOE Dear Colleague Letter (July 2024)

Q&A on State General Supervision Responsibilities Under Park B and Part C of IDEA (July 2023)

Transition

Letter to Olex (consent not generally required for transition assessments) (Feb. 2019)

A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities(May 2017)

Transportation

Questions and Answers on Serving Children with disabilities Eligible for Transportation (Nov. 2013)

Visual impairments: eligibility

Eligibility Determinations for Children Suspected of Having a Visual Impairment Including Blindness under the Individuals with Disabilities Education Act (May 2017)

Dear Colleague Letter on Braille Instruction for Blind and Visually Impaired Students (June 2013)

5. Family Educational Rights and Privacy Act (FERPA)

FERPA is a federal law that protects students' privacy by controlling access to their education records. It gives parents and eligible students the right to inspect, review, and request changes to these records. FERPA applies to all schools receiving federal funds.

Key points:

Consent for disclosure: Generally, schools need parent or student consent to share personally identifiable information. However, there are exceptions. For example, teachers and other "school officials" can access student records if they have a "legitimate educational interest."
Directory information: Schools can share basic information like a student's name, address, and phone number without consent, but they must inform parents and students and allow them to opt-out.

For more detailed information, the U. S. Department of Education’s Protecting Student Privacy website offers resources tailored for K-12 officials, parents and educators.

Additional resources

Chancellor’s Regulation A-820, Confidentiality and Release of Student Records, Records Retention, implements FERPA requirements in New York State.
FERPA and IDEA Confidentiality Provisions: Crosswalk
FERPA Regulations: A Q&A format for understanding FERPA in schools
Joint FERPA and HIPAA Guidance: Clarifies how these laws apply to student health records
Top Ten Cybersecurity Tips for Teachers (US DOE)
Parent Guide to the Family Educational Rights and Privacy Act (July 2021)

6. Protection of Pupil Rights Amendment (PPRA)

See Protection of Pupil Rights Amendment including Model Notice of Rights and Model Consent Opt Out for Specific Activities

The PPRA is a federal law that protects students from being required to participate in certain types of surveys, analyses, or evaluations without parental consent. Specifically, it covers the following eight sensitive areas:

Political beliefs: The student’s or parent’s political affiliations or beliefs.
Mental health: Mental or psychological issues of the student or their family.
Sexual behavior: Attitudes or behavior related to sex.
Illegal or demeaning behavior: Questions about illegal, anti-social, or self-incriminating activities.
Family relationships: Criticisms of people with whom the student has close family ties.
Privileged relationships: Information covered by legal privileges, like those between lawyers, doctors, or ministers and their clients.
Religious practices: The student’s or parent’s religious practices, affiliations, or beliefs.
Income: Family income, unless it's required to determine eligibility for financial aid or program participation.

Parental Rights: Parents have the right to receive notice and opt-out their children from activities that involve these protected areas. Schools often use a Model Notice of Rights and Model Consent/Opt-Out Form to inform parents and obtain their consent when necessary. More information about the PPRA can be found on the US DOE website.