Access to Education by People with Disabilities 

Illustrations of Implementation from the United States — Quick Reference Guide 

National Council on Disability 

1331 F Street, NW, Suite 850 

Washington, DC 20004 

202-272-2004 Voice 

202-272-2074 TTY 

202-272-2022 Fax 

Lex Frieden, Chairperson 

Publication date: August 2, 2005 

This paper provides examples of the implementation of U.S. disability laws pertaining to 

accessible education. A more detailed description is provided in the attached policy 

paper. 

Legislation 

Under the Rehabilitation Act of 1973, federal entities cannot discriminate in the services 

that they provide. Since most schools receive federal funding, this provision brought 

them under the purview of the statute. The Americans with Disabilities Act (ADA) 

strengthened the Rehabilitation Act, by extending the non-discrimination principles to 

private entities and state and local governments. The ADA addressed the issue of 

discrimination in colleges and universities, entities the federal courts had created an 

exception for in early interpretations of the Rehabilitation Act. The ADA also required 

that reasonable accommodations be made for individuals with disabilities. This provision 

provided students with disabilities access to, among other things, interpreters, readers, 

and assistive technology. 

The Education for All Handicapped Children Act of 1975, whose name was later changed 

to the Individuals with Disabilities Education Act (IDEA) in 1990, was the most 

comprehensive piece of legislation addressing students with disabilities and their right to 

an education. The Act provides additional funding to the states on the condition that each 

state submit a plan showing that it is guaranteeing that children with disabilities will 

receive a free, appropriate education in the least restrictive setting. Moreover, the state 

must show that students with disabilities will receive an individualized education 

program (IEP) and that it will provide safeguards to ensure the rights of each student. 

• Appropriate Education 

The IDEA requires that students with disabilities receive, and are benefited by, an 

education that is consistent with that child’s needs. In order to effectively provide 

an appropriate education, schools must provide such things as functional 
curricula, transition planning, and other services, which the student will ultimately 

benefit from. 

• Least Restrictive Setting 

Under federal law, students with disabilities must be educated in the same 

classroom with students without disabilities to the maximum extent appropriate. 

If it is determined that the student with the disability is not benefiting from this 

environment, the school is required to seek alternative methods in order to ensure 

that the child receives an education appropriate to his or her needs. Alternative 

methods might include one-on-one student instruction. 

• Individualized Education Program 

The IDEA requires that students with disabilities have an Individualized 

Education Program (IEP). A parent, teacher, and school district official must 

work together in creating a plan to educate the child, given the child’s needs. If 

possible, the child with the disability should participate in creating the plan. The 

IEP contains a high level of specificity regarding the current academic level the 

child has attained, the age of the child, a description of the disability and how it 

affects participation in educational programs, as well as the frequency, location, 

and goals of the special education programs provided. 

In order to ensure children with disabilities are receiving a free, appropriate education in 

the least restrictive setting, several procedural safeguards are required by IDEA. For 

example, parents are able to access records and participate in meetings regarding their 

child’s independent education evaluation. Further, notice must be given to parents before 

any changes to the education plan can occur. Mediation and a complaint process are also 

available to parents who experience difficulties in obtaining the rights afforded to their 

child under IDEA. The Department of Education has also established other safeguards to 

assist in carrying out the statute. 

• Technical Assistance 

Technical assistance is provided by the Department of Education in order to assist 

states, school districts, educators, and individuals with disabilities and their 

families regarding their rights and obligations under the law. Technical assistance 

may come in the form of advice by experts and the Department, assistance with 

developing methods of instruction, and identifying local school officials to 

provide support. Information regarding procedural safeguards must be 

disseminated to parents, and this same information must be available on the local 

school’s website. The Department may also provide training for a parent training 

and information center. 

• Compliance 

The Department of Education has oversight of the states regarding IDEA. The 

Department must review state plans, and each state must review its own 

performance plan every six months, with any changes being submitted to the 

Department. State plans include such items as identifying which children in the 

state are in need of services, determining eligibility criteria, and establishing 
funding mechanisms. States are also required to release the state performance 

report to the public, and submit an annual assessment to the Department. 

• Enforcement 

The Department of Education has a number of mechanisms in place to assist in 

the enforcement of IDEA. The Department may, among other things, advise 

states of the technical assistance that is available to them, require states to prepare 

a plan in order to correct problems in administering program, or withhold or 

recover federal funding for education. The Department of Justice can bring a 

cause of action in the courts.