As an English Language Arts (ELA) teacher, you play a crucial role in supporting the diverse learning needs of all your students, including those with disabilities. Understanding the legal framework that governs special education is essential to providing equitable and effective instruction. While special education professionals often take the lead in this area, every teacher needs to be familiar with the key laws that impact their practice. Here’s a guide to the most important special education laws that every ELA teacher should know.
1. Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is the cornerstone of special education law in the United States. Originally enacted in 1975 as the Education for All Handicapped Children Act (EHA), it was later reauthorized and renamed IDEA in 1990.
Key Points:
- Free Appropriate Public Education (FAPE): IDEA guarantees that all students with disabilities have the right to a Free Appropriate Public Education tailored to their individual needs. This means that students must receive personalized instruction and services at no cost to their families.
- Individualized Education Program (IEP): Under IDEA, every student eligible for special education services must have an Individualized Education Program (IEP). The IEP is a legal document that outlines the student’s learning goals, the services and supports they will receive, and how their progress will be measured.
- Least Restrictive Environment (LRE): IDEA mandates that students with disabilities should be educated in the Least Restrictive Environment. This means they should be included in general education classrooms and activities to the greatest extent possible, with appropriate supports and accommodations.
Why It Matters for ELA Teachers: Understanding IDEA is critical because it directly impacts how you plan and deliver instruction. You’ll need to be aware of your students’ IEP goals and collaborate with special education staff to provide the necessary accommodations and modifications in your ELA classroom.
2. Section 504 of the Rehabilitation Act of 1973
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal funding, including public schools.
Key Points:
- 504 Plans: Students with disabilities who do not qualify for an IEP under IDEA may still be eligible for accommodations under a 504 Plan. This plan outlines specific accommodations that a student needs to access the curriculum and participate fully in school activities.
- Broader Definition of Disability: Unlike IDEA, which is specifically for students requiring special education services, Section 504 has a broader definition of disability. It covers any physical or mental impairment that substantially limits one or more major life activities, including learning.
Why It Matters for ELA Teachers: As an ELA teacher, you may have students with 504 Plans in your classroom. These plans are legally binding, and it’s your responsibility to implement the accommodations specified in the plan, such as extended time on assignments, preferential seating, or access to audiobooks.
3. Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that protects individuals with disabilities from discrimination in all areas of public life, including schools.
Key Points:
- Accessibility: The ADA requires that schools be physically accessible to students with disabilities. This includes accessible classrooms, technology, and learning materials.
- Accommodations and Modifications: Like Section 504, the ADA ensures that students with disabilities receive the necessary accommodations and modifications to fully participate in educational programs.
Why It Matters for ELA Teachers: While the ADA is broader in scope than IDEA and Section 504, its principles of accessibility and non-discrimination are foundational to creating an inclusive ELA classroom. You must ensure that your instructional materials and classroom environment are accessible to all students, including those with physical, sensory, or cognitive disabilities.
4. Family Educational Rights and Privacy Act (FERPA)
FERPA is a federal law that protects the privacy of student education records. It applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
Key Points:
- Confidentiality: FERPA requires that student records, including IEPs and 504 Plans, be kept confidential. Only school personnel with a legitimate educational interest should have access to these records.
- Parental Rights: Parents have the right to access their child’s education records, request amendments, and consent to the disclosure of personally identifiable information from these records.
Why It Matters for ELA Teachers: As an ELA teacher, you may have access to sensitive information about your students, including their IEPs or 504 Plans. It’s crucial to handle this information with care, ensuring that it is only shared with authorized individuals and used appropriately to support the student’s education.
5. Every Student Succeeds Act (ESSA)
The Every Student Succeeds Act (ESSA), signed into law in 2015, is the reauthorization of the Elementary and Secondary Education Act (ESEA). It replaced the No Child Left Behind Act (NCLB) and focuses on accountability, high standards, and closing achievement gaps.
Key Points:
- Inclusion of Students with Disabilities: ESSA emphasizes the importance of including all students, including those with disabilities, in state assessments and accountability systems. Schools must provide appropriate accommodations to ensure that students with disabilities can participate in these assessments.
- Support for Literacy and Language Arts: ESSA provides funding for literacy programs and initiatives aimed at improving reading and writing skills, particularly for students from disadvantaged backgrounds or with disabilities.
Why It Matters for ELA Teachers: Under ESSA, you are responsible for ensuring that students with disabilities are included in literacy instruction and assessments. This may involve providing accommodations, modifying instructional strategies, and collaborating with special education staff to support your students’ success in ELA.
Conclusion
Understanding special education laws is essential for every ELA teacher, as these laws guide how you support students with disabilities in your classroom. By being familiar with IDEA, Section 504, ADA, FERPA, and ESSA, you can create an inclusive, equitable learning environment where all students have the opportunity to succeed. Remember, staying informed about these laws not only ensures compliance but also empowers you to be a stronger advocate for your students’ rights and educational needs.
