Legislation Governing School Practice

Federal and state laws goven the provision of special education services for children with disabilities ages 3-21 within the public school setting. Federal and state laws and regulations govern school-based occupational therapy services. Federal law presents a national standard for providing services to students with disabiltiies while state law interprets and elaborates upon federal law. Federal law sets the floor, state law sets the ceiling. If state and federal laws differ, state law prevails if it sets a higher standard. If there is a conflict between state and federal law, however, federal law prevails.

Federal Laws and Regulations

Public Law (P.L.) 94-142, The Education for All Handicapped Children Act (EHA) of 1975 provides the original framework for special education and mandates that all children with disabilities in the United States are entitled to receive a free and appropriate public education (FAPE). This means that special education and related services in public schools are provided at public expense. Subsequent laws and amendments provide further detail as to the provision of spcial education services including the 1990 amendment and re-titling of the law to the Individuals with Disabilties Education Act (IDEA), Public Law 101-476. The amendments give greater attention to the accessibility and inclusion of children with disabilities in the regular school environment. In addition to special education laws there are other federal civil rights laws that may also impact services to children in the public schools.

Individuals with Disabilties Education Act - IDEA 2004

No Child Left Behind - NCLB

Section 504 of the Rehabilitation Act