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Special education law isn't just a list of acronyms to memorize—it's the legal architecture that determines how millions of students access education. You're being tested on your understanding of how these laws work together to create a system of protections, from broad civil rights guarantees down to the specific document sitting in a student's file. The key concepts here include entitlement vs. anti-discrimination frameworks, procedural safeguards, individualized planning, and inclusive placement principles.
Think of these laws as layers of protection operating at different levels. Some establish fundamental civil rights, others create specific educational entitlements, and still others govern accountability and privacy. When you encounter exam questions about special education, don't just recall which law does what—understand why each law exists and what gap it fills in the overall framework. That's what separates surface-level memorization from the kind of thinking that earns top scores on FRQs.
These laws establish the broadest protections against disability discrimination. They apply across all areas of public life, not just education, and set the baseline expectation that individuals with disabilities cannot be excluded or treated unequally.
Compare: Section 504 vs. ADA—both prohibit disability discrimination, but Section 504 applies specifically to federally funded programs while ADA covers all public entities regardless of funding. If an FRQ asks about a student denied access to a school event, either law could apply, but Section 504 is your go-to for school-specific scenarios.
These laws go beyond preventing discrimination—they create affirmative obligations for schools to provide specific services. The shift from "you can't exclude" to "you must provide" is a critical distinction for exam purposes.
Compare: IDEA vs. Section 504—IDEA provides specific entitlements (IEP, specialized instruction) but has stricter eligibility requirements. Section 504 covers more students but typically results in accommodations rather than specialized services. Know which applies when: a student with ADHD might have a 504 plan, while a student with a learning disability likely has an IEP.
These provisions govern where students with disabilities are educated. The underlying principle is that segregation should be the exception, not the default, and that students benefit from learning alongside their peers.
Compare: LRE vs. full inclusion—LRE doesn't mandate that every student be in general education all day. It requires that placement decisions start with the assumption of inclusion and move toward more restrictive settings only when necessary. This nuance frequently appears in scenario-based questions.
These laws establish how schools measure and report outcomes for all students, including those with disabilities. They reflect the policy shift toward holding schools accountable for results, not just compliance.
Compare: NCLB vs. ESSA—both emphasize accountability for students with disabilities, but ESSA gives states more flexibility in how they measure success and intervene in struggling schools. If asked about current federal education policy, ESSA is the operative law; NCLB provides historical context.
These laws address how student information is protected and what tools and technologies must be available to support learning.
Compare: FERPA vs. IDEA procedural safeguards—both involve parental rights, but FERPA governs record access and privacy across all students, while IDEA's safeguards specifically protect parents' roles in special education decision-making. A question about accessing records is FERPA; a question about disputing an IEP is IDEA.
| Concept | Best Examples |
|---|---|
| Civil rights/anti-discrimination | Section 504, ADA |
| Educational entitlement | IDEA, FAPE requirement |
| Individualized planning | IEP mandate, IDEA |
| Inclusive placement | LRE provision |
| Accountability frameworks | ESSA, NCLB |
| Privacy protections | FERPA |
| Assistive supports | Assistive Technology Act |
| Parental rights | IDEA, FERPA |
A student with diabetes needs accommodations but doesn't require specialized instruction. Which law most directly applies, and why wouldn't IDEA be the primary framework?
Compare and contrast IDEA and Section 504 in terms of eligibility requirements, types of protections offered, and the documents they generate.
If a school wants to move a student from a general education classroom to a self-contained special education setting, what legal principle governs this decision, and what must the school demonstrate?
An FRQ presents a scenario where parents disagree with their child's proposed IEP. Which law provides procedural safeguards for this situation, and what options do parents have?
How did ESSA change the accountability requirements established under NCLB, and why do both laws matter for students with disabilities?