Federal laws are the lowest bar of protection for your student. State law can only strengthen the protections of the federal law and never weaken it. Local policies and procedures, like state law, can only serve to further your student's rights but can not contradict state or federal law.
Any child with a disability is protected by both the ADA and Section 504 (where the standard of FAPE is higher than IDEA) regardless of the district providing your child services, supports, or accommodations. In other words, if you inform the district that your student has a disability, the district is required to guarantee their rights under ADA and Section 504. No evaluation, IEP, or 504 plan needed. However, any child with a disability or suspected of having a disability is required to be identified and assessed under Child Find.
Section 504 and ADA
IDEA and FAPE
- What is IDEA? (opens in new tab)
- 10 Procedural Safeguards in IDEA (opens in new tab)
- Access to the General Education Curriculum (opens in new tab)
- Complete Guide to Understanding FAPE (opens in new tab)
- Endrew F. Case: Defining FAPE (opens in new tab)
- FAPE Under Section 504 (opens in new tab)
- FAPE under IDEA (opens in new tab)
- Lessons from a Denial of FAPE (opens in new tab)
- When Procedural Violations Add Up to Denial of FAPE (opens in new tab)
- Examples of IEP Violations (opens in new tab)
- Substantive vs Procedural Violations under IDEA (opens in new tab)
Child Find
FERPA
- Family Educational Rights & Privacy Act (opens in new tab)
- APA FERPA Overview (opens in new tab)
- FAQs about Privacy & Confidentiality (opens in new tab)
- Parent Guide to FERPA (opens in new tab)
- The Right to Inspect and Review (opens in new tab)
- The Right to Seek to Amend (opens in new tab)
- PPRA: Protection of Pupil Rights Amendment (opens in new tab)
MA Educational Law
- MA Laws about Education (opens in new tab)
- Chapter 71B: Children with Special Needs (opens in new tab)
- 603 CMR 23 Student Records (opens in new tab)
- 603 CMR 26 Access to Equal Educational Opportunity (opens in new tab)
- 603 CMR 28 Special Education (opens in new tab)
- 603 CMR 46 Prevention of Physical Restraint (opens in new tab)
- 603 CMR 49 Notification of Bullying (opens in new tab)
- 603 CMR 50 Educational Collaboratives (opens in new tab)
- 603 CMR 53 Student Discipline (opens in new tab)
