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1.2 (1K2C): Awareness of the human and legal rights and responsibilities of parents and children/youth as they relate to students.

Special Education Concepts

Disability—As defined in federal special education statutes, there are 13 specific categories of disability for which the State of Minnesota rule has detailed eligibility criteria. Students meeting one or more of the categorical criteria and in need of service are eligible for special education. For more information on categories of disabilities, see the Explore section.

Section 504 of the Rehabilitation Act of 1973 (Section 504)—This section of the Rehabilitation Act of 1973 specifically addresses accommodations for students with disabilities in general education. For students who qualify under Section 504, but don't require an IEP, the school must then develop an accommodation plan. See An Overview of ADA, IDEA, and Section 504 for more information.

An Individualized Education Plan (IEP) is required for students eligible for special education under IDEA. Sample IEP

Evaluation by a knowledgeable team is required by both IDEA and Section 504. Parents must be notified, give permission for evaluation, and be invited to participate in all stages of the identification and evaluation processes of IDEA.

Both IDEA and Section 504 require that the student with a disability receive a free and appropriate education (FAPE) in the least restrictive environment (LRE). In other words, an education without extra cost to their parents, that fits their needs, in the environment that best facilitates their learning.

IDEA protections and entitlements—Prior to the passage of Public Law 94-142 in the mid-1970s, it was a common practice to deny enrollment to various groups of children with disabilities. Today, federal and state laws protect the civil rights of children and youth with disabilities and entitle them to free and appropriate education in the least restrictive environment. An Overview of ADA, IDEA, and Section 504

Discriminatory practices—Denying enrollment to (excluding) a student because of the type or severity of disability is discrimination. Students with disabilities must be allowed access to public schools. This means access to services as well as access to activities or events that are school related, including those outside of the normal school day. Students with disabilities have a right to reasonable accommodations.

Due process—All public schools are obliged to meet their due process obligations, which include elements of parent notification and permission as well as the right to a fair and impartial hearing on matters under dispute. Parents also have the right to access all of their child's educational records.( See the Department of Children, Families & Learning information on Due Process.)

Placement—Placement refers to the environment in which a student's education will take place. Placement includes the amount and type of services to be provided, as well as where the services will take place.

Dispute resolution—Several means are available to resolve special education disputes between parents and schools:

- Additional team meetings can be scheduled.
- A conciliation conference can be scheduled.
- Both parties can voluntarily submit to free state-provided mediation services.
- A due process hearing can be conducted.
- Hearing resolutions can be appealed.

Due process hearings, and the negotiations leading to them, usually involve attorneys; however, parents may represent themselves. Conciliation conferences and negotiations often are completed without attorneys on either side.

Monitoring and compliance—State and federal authorities monitor all agencies which provide any type of special education services Compliance monitors conduct site visits, review files, and investigate complaints to ensure that all federal and state laws are being adhered to.