Special Education LawSupports and services for individuals with disabilities and their families.
Special Education Law
The attorneys at The Law Offices of Ellen A. Callegary, P.A. help individuals with disabilities and their families receive the supports and services to which they are entitled under state laws and regulations.
“The purposes of the IDEA are:
- to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
- to ensure that the rights of children with disabilities and parents of such children are protected; and
- to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities.”
Sources of the Law
Most special education provided in public schools is the result of the Individuals with Disabilities Education Improvement Act (commonly referred to as the IDEA), a section of the U.S. Code at 20 U.S.C. § 1400. There are federal regulations derived from the IDEA included in the Code of Federal Regulations. Much of what is included in this handbook is taken from the Code of Maryland Regulations, or COMAR – regulations that only apply in Maryland, and are based on IDEA and its implementing federal regulations.
Readers should know that special education services and accommodations can also be provided under 29 U.S.C. § 794 (commonly called Section 504 of the Rehabilitation Act of 1973, or just Section 504). Federal regulations for Section 504 provide that public school systems “shall provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap.”
Articles of Interest from our Library
Brief Summary of Endrew F. v. Douglas County Sch. Dist. RE-1 by Ellen A. Callegary, Esq. On Wednesday, March 22, 2017, the U.S. Supreme Court determined that, when providing special educational services to students with disabilities, school systems cannot simply...
The IDEA's promise unfulfilled:
“Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
According to the US Department of Education, forty-six states now have antibullying laws in place, with eighteen providing specific protections to protect students with disabilities who are bullied. Maryland, along with New Jersey offers the broadest antibullying protections.