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Is your school or district in compliance?

Federal, state, and district special education policies you should know about

Administering special education programs for schools and districts is no small feat. Educators must juggle a broad range of responsibilities, from curriculum design and program implementation to teacher development and IEP planning with students, teachers, and parents. On top of all this, administrators must ensure that programs comply with an ever-evolving landscape of federal, state, and district policies.

Learn how to make your classroom more inclusive with AEM resources. AEMing for Access: Increase Equity in your Classroom with Bookshare and UDL is a free webinar from Bookshare and CAST. Join us on September 26 at 10AM PT (11AM MT, 12PM CT, 1PM ET).

These regulations are intended to provide a fair and appropriate public education to all students. The following are important policies that administrators need to consider when planning curriculum, evaluating solutions, and preparing for compliance reviews.

Individuals with Disabilities Education Act (IDEA):

IDEA ensures that eligible children with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment (LRE). It also mandates the provision of related services and the creation of an Individualized Education Program (IEP) for each eligible student, outlining their specific educational goals and services.

Section 504 of the Rehabilitation Act of 1973

Section 504 prohibits discrimination against individuals with disabilities in programs or activities receiving federal financial assistance. It requires schools to provide reasonable accommodations to meet the needs of students with disabilities who do not qualify for special education under IDEA but still require support to access education.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including schools, workplaces, transportation, and public accommodations. It ensures that students with disabilities have equal opportunities in accessing educational programs and services.

The US Department of Justice published a final rule on ADA Title II. This rule will require districts and schools to ensure that websites, mobile apps, ebooks, and other learning materials comply with web accessibility standards (WCAG Version 2.1, Level AA) to ensure that people with disabilities, like visual impairments, learning disabilities, and physical disabilities, can access instructional materials by alternative methods. This goes into effect June 24, 2024, and districts will have two to three years to comply depending on the size of their community.

Family Educational Rights and Privacy Act (FERPA):

FERPA protects the privacy of student education records, including those of students receiving special education services. It grants parents the right to access their child’s educational records and requires schools to obtain written consent before disclosing personally identifiable information.

Compliant access to instructional materials with Bookshare

Bookshare is an inclusive learning tool that makes reading easier for students with learning differences. Over 40,000 US schools have joined Bookshare to provide access to instructional materials (textbooks, educational books, supplemental reading) in alternative formats to students with dyslexia, visual impairments, and physical disabilities, including students with and without IEP and 504 plans. Bookshare helps districts to comply with federal and state special education regulations, including the recent Title II ruling on website, mobile app, and digital material accessibility.  Bookshare also operate under an exception to FERPA, allowing schools to provide student information to Bookshare to gain access to books. Districts and schools can join Bookshare for free through an award from the Office of Special Education Programs (OSEP).

Additional resources

Bookshare Data Privacy and Security Information for Schools

What is IDEA (Understood.org)

FAQs about Section 504 (US Department of Education)

Assistive Technology Devices and Services for Children with Disabilities under IDEA

AT Guidance Myths and Facts (CAST)

National Educational Technology Plan

Disability Rights Laws in Public Primary and Secondary Education: How Do They Relate? (ADA Network)

US Department of Education, Office of Inspector General Accessibility Statement

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