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Education Law FAQs

If everyone has access to equal education, what education law issues remain?
General rules of equal access to education have been established; yet, education law issues remain.  There are and will be school related issues, especially in the area of school funding and children with disabilities.  For example, some yet to be established issues include:  which disabled students should be included in standardized scholastic testing measuring school achievement;  whether it is legal for a blind student to be allowed a seeing-eye dog, but a deaf student is not allowed a dog guide;  whether a blind student should participate in regular gym class. 

What are some of the disabilities that affect how children participate in the classroom?
Some of the most common disabilities that affect children in the classroom include Attention Deficit Disorder (ADD); Attention Deficit Hyperactivity Disorder (ADHD); autism; learning disabilities, including dyslexia and other reading problems; blindness, hearing impairments; physical disabilities; and Asperger’s Syndrome. 
The Americans with Disabilities Act of 1990 (ADA) provides that “disability” is “defined as impairment that substantially affects one or more major life activity; an individual who has a record of having such an impairment, or is regarded as having such an impairment.”

What is special education law?
Special education law is the law that supports every school aged child who has a disability and qualifies under the Individuals with Disabilities Education Act. 
For example, a child with dyslexia or a blind child would be children who have a disability and who qualify under the Individuals with Disabilities Education Act.  The dyslexic child’s Individual Education Plan  (IEP) may provide extra time to complete a task; the blind child’s IEP may provide books in Braille or that a test is read to the student aloud. 
Each qualifying student must given a free and appropriate public education, customized IEP.  The IEP must meet the individual needs of the student, in the least restrictive environment.

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