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Legislation & Policy

These three existing laws promote equal access to education for people with disabilities:

Individuals with Disabilities Education Act (IDEA). Under IDEA, a child with a disability and in need of special education services is entitled to a free appropriate public education in the least restrictive environment. AAPD supports full funding and robust enforcement of the IDEA.

Section 504. Section 504 of the 1973 Rehabilitation Act prohibits discrimination against people with disabilities in programs that receive federal financial assistance. Section 504 works together with the ADA and IDEA to protect children and adults with disabilities from exclusion, and unequal treatment in schools, jobs and the community.

Americans with Disabilities Act (ADA). The ADA prohibits discrimination on the basis of disability by employers, public accommodations, state and local governments, public and private transportation, and in telecommunications.

Advocacy

AAPD supports robust enforcement of all civil rights protections provided under state and federal law; full funding of programs for students with disabilities; and accountability for the education of all students, including students with disabilities.

As Congress considers reauthorizing the Elementary and Secondary Education Act (ESEA), we will work to ensure that the bill:

  • Includes strong civil rights protections;
  • Ensures that students are taught by highly qualified teachers;
  • Includes accountability for progress by students with disabilities;
  • Guarantees that all public school facilities are accessible to students, parents, teachers, and community members with disabilities;
  • Includes provisions to make schools safer.

Elementary and Secondary Education Act

Education Task Force Letter

Safe Schools Improvement Act (SSIA)

The SSIA (S.506, H.R. 1648) is a bill to fight harassment and bullying of students because of their actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion.

Seclusion and Restraint

Students with disabilities are disproportionately subjected to harsh and often dangerous physical restraint and seclusion in their schools.  Schools must do everything possible to ensure that restraint is not used, except in cases when the student poses a threat to his/herself or others. 

 On May 15, 2012 the U.S. Department of Education released guidance recommending limits on restraint and seclusion.  Read it here.

Also see How safe is the schoolhouse? An analysis of state seclusion and restraint laws and policies.

The American Association of People with Disabilities:

Promoting equal opportunity, economic power, independent living and political participation for people with disabilities.

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