Educational Psychology / Unit 8 EDP 0731 worked example, 60 to 90 seconds
Which Law Applies?
The idea
Three laws protect people with disabilities, and each has its own reach. Section 504 of the Rehabilitation Act, from 1973, covers programs that receive federal funds, so it applies to public schools and requires them to accommodate. The Americans with Disabilities Act, from 1990, covers all employment and public facilities, public or private. IDEA covers education specifically: it gives eligible students the right to a free appropriate public education, due process, fair evaluation, the least restrictive environment and an individualized education program. To decide which law applies, ask where the situation occurs and whether it concerns schooling.
In practice
Worked example: a private employer refuses a deaf applicant an interpreter for an interview; that is the ADA. A public school needs a ramp for a student using a wheelchair; Section 504 applies because the school receives federal funds. Parents want an evaluation and an individualized program for a child struggling to read; that is IDEA.
Where people slip
The laws overlap: a public school can fall under all three. Ask which protection the question concerns: accommodation in a funded program, access to employment and facilities, or an education program.
Your place on the trail
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Unlocks
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