Transition Health Care Videoconference - 2-5-08 – Handout # 8
STATE AND FEDERAL LAWS THAT PROVIDE EQUAL EDUCATIONAL OPPORTUNITY
Federal Laws and Regulations
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The Individuals with Disabilities Education Act (IDEA)[20 U.S.C. §§ 1400 et seq.]
(formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975)
requires public schools to make available to all eligible children with disabilities a free
appropriate public education in the least restrictive environment appropriate to their
individual needs. IDEA requires public school systems to develop appropriate
Individualized Education Programs (IEP’s) for each child. The specific special education
and related services outlined in each IEP reflect the individualized needs of each
student.
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Implementing regulations: 34 CFR Part 300
Americans with Disabilities Act of 1990 [42 U.S.C. §§ 12101-12213 (1992)]
The unique feature of the ADA is that it is not limited, as § 504 is, to agencies receiving
federal financial assistance. The ADA encompasses both public schools, under Title II,
and private schools, under Title III.
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Title II – “No qualified individual with a disability shall, by reason of such
disability, be excluded from participation in or be denied the benefits of the
services, programs, or activities of a public entity, or be subjected to
discrimination by any such entity.”
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Title III – “No individual shall be discriminated against on the basis of disability in
the full and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place or public accommodation by any
person who owns, leases (of leases to), or operates a place of public
accommodation.”
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Implementing regulations: 28 CFR Part 35 (Title II, Department of Justice); 49
CFR Parts 27, 37, 38 (Title II, III, Department of Transportation); 28 CFR Part 36
(Title III, Department of Justice);
504 of the Rehabilitation Act of 1973 [29 U.S.C. § 794 (a) (1992)]
No otherwise qualified individual with handicaps in the U.S….shall, solely be reason of
her or his handicap, be excluded from the participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal financial
assistance…”
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Implementing regulations: 34 CFR Part 104 (Department of Education)
Revised January 4, 2008
Transition Health Care Videoconference - 2-5-08 – Handout # 8
State Regulations

22 Pa. Code Chapter 15 (1992)
This chapter addresses a school district’s responsibility to comply with the requirements
of Section 504 and its implementing regulations at 34 CFR Part 104 (relating to
nondiscrimination on the basis of handicap in programs and activities receiving or
benefiting from federal financial assistance) and implements the statutory and regulatory
requirements of Section 504. Requires school districts to provide students with
disabilities with the aids, services, and accommodations that are designed to meet the
education needs of these protected students. These aids, services, and
accommodations may include, but are not limited to, special transportation, modified
equipment, adjustments in the student’s roster, or the administration of needed
medication.
22 Pa. Code Chapter 14
This chapter addresses implementation of special education requirements contained in
State law, and incorporates requirements under the IDEA. Schools refer to this Chapter
when determining all necessary elements for an Individual Education Plan (IEP).
School Compliance

A school district’s responsibility to its students with diabetes, asthma, or epilepsy include
related aids and services that are designed to satisfy the individual educational needs of
these students in order to provide them an equal education opportunity. Moreover, the
district must provide extracurricular and nonacademic services and activities as
necessary to afford these students equal opportunities for participation.

What Are Related Aids and Services
o School nurse and teachers meeting with parents and reviewing the student’s
current medical records and needs
o Administration and monitoring of medication within the classroom
o Field trip and equal extracurricular activity participation (without burdening the
parent)
o GOAL IS TO KEEP THE CHILD IN THE CLASSROOM WITH HIS PEERS
Revised January 4, 2008