Federal and State Laws
A number of federal and state laws have been written to address the needs of students with disabilities. These laws provide the foundation for districts in establishing guidelines for meeting those students’ needs through the provision of programs and services.
In recent years, individuals with disabilities have benefited from passage of federal laws. While these laws address many aspects of daily life for individuals with disabilities, the following three federal laws and one state law have a major impact on the education of Florida’s students with disabilities.
Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112, amended as Public Law 93-516)
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities in public and private programs and activities that receive financial assistance from the federal government. Section 504 guarantees students a free appropriate public education. Students who may not be eligible for services under the IDEA may be eligible for protection from discrimination under Section 504. Compliance oversight is provided by the United States Department of Education, Office for Civil Rights.
Individuals with Disabilities Education Act (Public Law 94-142, amended as Public Law 108-446)
The IDEA was initially enacted in 1975 as the Education for All Handicapped Children Act (Public Law 94-142) to provide federal financial assistance to state and local education agencies guaranteeing special education and related services to eligible students with disabilities. This landmark law guarantees children with disabilities a free appropriate public education. When the law was reauthorized in 1991, its title became the Individuals with Disabilities Education Act. It was amended in 1997 and most recently amended and reauthorized in 2004 and is referred to as the Individuals with Disabilities Education Improvement Act (IDEA 2004). The United States Office of Special Education Programs and the Florida Department of Education, K-12 Schools, Bureau of Exceptional Education and Student Services provide compliance oversight.
Florida Educational Equity Act (Section 1000.05, Florida Statutes)
The Florida Educational Equity Act (FEEA) prohibits discrimination against students and employees in the Florida K-20 public education system on the basis of race, ethnicity, national origin, gender, disability, or marital status. It specifies that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any K-20 public education program or activity. The definition of disability is the same as defined in Section 504 and ADA. The implementing rules are found in Chapter 6A-19, Florida Administrative Code (FAC). The Florida Department of Education, Office of Equity and Access provides compliance monitoring and technical assistance.Americans with Disabilities Act of 1990 (Public Law 101-336)
The ADA prohibits discrimination against individuals with disabilities. Title II of the ADA extends this prohibition to the full range of state and local government services, programs, or activities regardless of whether they receive federal assistance. The ADA clearly specifies that unless Title II of ADA states otherwise, Title II may not be interpreted to apply a lesser degree of protection to individuals with disabilities than is provided under Section 504. Compliance oversight is provided by the United States Department of Justice. The US Department of Education, Office for Civil Rights is designated by the Department of Justice to resolve complaints alleging noncompliance. Note: The Florida Educational Equity Act (FEEA) mirrors many of the protections provided in Section 504 and ADA.
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