Educational Issues
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Education-Related Laws
Most children with myelomeningocele will be eligible to receive special education services - an individualized program to meet your child's unique needs.
Individuals with Disabilities Education Act - IDEA
Public Law 108-446 - also known as IDEA, aims to "ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living." Learning about this law can help you understand what your children's rights are.
- The Law: Public Law 108-446
The text of the federal law passed by Congress. A good resource for specific information.
US Code 20 U.S.C. § 33
- The Regulations: 34 CFR Parts 300 and 301
As part of the law, Congress authorized federal Department of Education to write regulations that interpret the law in more detail. The regulations are published in the Code of Federal Regulations.
Important sections of the reglations for children with spina bifida:
§ 300.5 Assistive technology device - Definition
§ 300.6 Assistive technology service - Definition
§ 300.8 Child with a disability - Definition
§ 300.34 Related services - Definition
» Transportation:
(16) Transportation includes— (i) Travel to and from school and between schools; (ii) Travel in and around school buildings; and (iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability. (Authority: 20 U.S.C. 1401(26))
§ 300.42 Supplementary aids and services
§ 300.43 Transition services
§ 300.103 FAPE—methods and payments
§ 300.105 Assistive technology
§ 300.106 Extended school year services
§ 300.107 Nonacademic services
§ 300.108 Physical education
§ 300.110 Program options
§ 300.324 Development, review, and revision of IEP
- Guidance: Education Department 73 FR 73006
The Department of Education also develops guidance and policy statements that further interpret the regulations, the most important of which are also published in the Federal Register.
Section 504 of the Rehabilitation Act
- The Law:
Federal Code 20 USC 32
- The Regulations:
Section 504, Rehabilitation Act of 1973
Text of the law
Section 504, Rehabilitation Act of 1973
Regulations
Your rights under Section 504
From the U.S. Department of Health & Human Services
FERPA- Family Educational Rights and Privacy
A Federal law that protects the privacy of student education records and gives parents certain rights with respect to their children's education records.
- The Law: 20 U.S.C. § 1232g
- The Regulations: 34 CFR Part 99