Federal and State Laws in School Services

School Services Frequently Asked Questions

What federal and state laws apply to students with communication needs?

Three key pieces of legislation—the Individuals with Disabilities Education Act of 2004 (IDEA), Title II of the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973 (hereafter, “Section 504”)—all address public schools' obligations to meet the communication needs of students with disabilities. But they do so in different ways:

IDEA requires schools to provide every student with a disability a free appropriate public education (FAPE) designed to provide meaningful educational benefit through an individualized education program (IEP).
Title II of the ADA requires schools to provide, without charge, auxiliary aids and services to ensure that students with disabilities can communicate as effectively as all other students, with primary consideration of students' and parents' preferences.
Section 504 is part of the Rehabilitation Act of 1973 that prohibits discrimination based on disability.

Compliance with one set of regulations may—or may not—meet the requirements of the other. This ASHA Leader article addresses this issue in depth and includes links to an FAQ document from the U.S. Department of Justice and the U.S. Department of Education as well as a "Dear Colleague" letter authored by both agencies.

What laws impact the provision of services in schools?

The Every Student Succeeds Act (ESSA) became law in November 2015 and replaced the No Child Left Behind Act (NCLB). The 2015 law includes a number of important provisions:

It repeals the requirement that students make adequate yearly progress and replaces it with a state accountability system.
It eliminates a federally mandated teacher evaluation system.
It maintains annual reporting of data disaggregated by subgroups of children, including students with disabilities.
It ensures that states may choose their challenging academic standards in reading and math but does not mandate a particular set of standards, including the Common Core State Standards.
It requires consultation with specialized instructional support personnel (SISP) in the development of state and local plans.
It updates the definition of professional development activities,a term whose designation now includes the consultation of SISP as part of such activities.

ASHA has developed an analysis of the ESSA for members. The Every Student Succeeds Act: Key Issues for ASHA Members [PDF] will help guide state association leaders, education advocates, and school-based members as each state begins its own implementation of the new law.

Section 504 of the Rehabilitation Act of 1973 (hereafter, “Section 504”) has a broader definition of disability than the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). Section 504 is a federal civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance.

The Family Educational Rights and Privacy Act (FERPA) is the federal law that addresses student records, including who can have access to these records. This law ensures that parents/guardians have an opportunity to have the records amended and provides families some control over the disclosure of information from the records.

The Americans with Disabilities Reauthorization Act of 2009 was originally passed as the Americans with Disabilities Act in 1990 and requires "access to buildings, facilities, and transportation, and includes the provision of auxiliary aides and services to individuals with vision or hearing impairments."

The Health Insurance Portability and Accountability Act (HIPAA) is the law that pertains to protected health information (PHI). Originally enacted in 1996, the Act and its amendments (introduced in 2003) address electronic transmission of records and increased restrictions on accessibility to health records.