This digest compares the Americans with Disabilities Act of 1990 (ADA), the Individuals with Disabilities Education Act (IDEA) as amended in 1997, and Section 504 of the Rehabilitation Act of 1973. Comparisons are provided which look at: (1) the type/purpose of each Act; (2) eligibility for services under each Act; (3) whether the Act requires the…

This brief paper on the inclusion of students with disabilities summarizes the history, terms, and legal requirements. The relevant section of the Individuals with Disabilities Education Act is cited followed by a brief review of the mainstreaming movement of the 1970s and the regular education initiative in the mid-1980s. Regulations governing…

This digest estimates that 948,000 U.S. children may both be linguistically different and have disabilities. The nature of instruction and educational placement of these students should be based on the degree of disability, level of language proficiency in both English and the primary language, and intellectual capacity. Placement decisions should…

This brief paper presents a comparative overview of three major federal laws affecting people with disabilities: the Americans with Disabilities Act of 1990 (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973. Presented in chart form, the three pieces of legislation are compared for the…

This digest summarizes the problem of over-representation of minority students in special education and offers suggestions to reduce this disproportionate representation. It notes concerns of the Office of Special Education Programs (OSEP) and the Office for Civil Rights (OCR) that minority students are being misclassified and receiving…

Over 10 percent of American Indian and Alaska Native (AI/AN) students in public schools and more than 18 percent of AI/AN students in Bureau of Indian Affairs and tribal schools are eligible for or placed in special education programs. This digest addresses four selected issues in the education of AI/AN students with disabilities. First, the 1997…

This Digest discusses provisions in the Individuals with Disabilities Education Act (IDEA) that require functional behavioral assessments (FBAs) and behavioral intervention plans (BIPs) to be conducted prior to a change in placement or suspension for more than 10 days, based on inappropriate behaviors for students with disabilities. It presents…