Due Process: Right to Impartial Hearings. Requires that the Parent have an Opportunity to Participate and be Represented by Counsel.
Eligibility: A student is eligible so long as she or he meets the definition of qualified person with disabilities (i.e., has a mental or physical impairment which substantially limits one or more major life activity [major life activities include activities such as learning, walking, seeing, hearing, speaking, breathing, caring for one’s self, performing manual tasks and working.])
Enforcement: Enforced by the U.S. Office of Civil Rights. No State Monitoring, Compliance Resolution or Funding Involved.
Evaluations: Evaluation Draws On Information from A Variety of Sources in the Area of Concern; Decisions Made by a Group Knowledgeable about the Student, Evaluation Data, and Placement Options. Does Not Require Consent, Only Notice (However, best practice would provide for informed consent).
Requires Periodic Re-Evaluations
Re-Evaluation is Required Before a Significant Change in Placement
FAPE Implementation: Requires A Written Accommodation Plan. "Appropriate" means is Education Comparable to the Education Provided to Non-Disabled Students.
Funding: State and Local Responsibility (no federal funding).
Placement: A Meeting is Not Required for Change of Placement. Notice is Required.
Population: Identifies a Student as Disabled if she or he meets the Definition of Qualified Persons with Disabilities ( i.e., has a mental or physical impairment which substantially limits one or more major life activity [major life activities include activities such as learning, walking, seeing, hearing, speaking, breathing, caring for one’s self, performing manual tasks and working.])
Purpose: A Broad Civil Rights Law Which Protects the Rights of Individuals with Disabilities in Programs and Activities that Receive Federal Financial Assistance from the U.S. Department of Education.
