Definitions & Terms

Americans with Disabilities Act (ADA) - This legislation prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State government services, public accommodations, commercial facilities, and transportation. It also mandates establishment of TDD/telephone relay services. See: ADA Home Page.

Disability - A physical or mental impairment that substantially limits one or more of the major life activities of an individual and adversely affects educational performance. See: IDEA Definitions.

Family Educational Rights and Privacy ACT (FERPA) - The Federal law that applies to schools and protects the privacy of student records including health and educational information. See Family Educational Rights and Privacy Act (FERPA) and HIPAA and FERPA (scroll down the document more than half way to "The FERPA/HIPAA Interface").

Free Appropriate Public Education (FAPE) - The U.S. Department of Education has established Section 504, which is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds from ED. Section 504 requires a school district to provide a free appropriate public education (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or the severity of the disability. The statute that pays for these special education programs is called the Individuals with Disabilities Education Act (IDEA). (See below for details about IDEA.) See: IDEA Definitions.

Individualized Education Program (IEP) - Once a child is considered eligible for Special Education, several things happen. First, parents and educators work together to develop an Individualized Education Program (IEP) for the student. In the team meeting, the student's educational needs are discussed and measurable annual goals and short-term objectives are agreed upon. Based on the goals, decisions are made about how to meet the child's educational needs, including what special education and related services and supplementary aids and services are to be provided.

The resulting Individualized Education Program sets forth in writing a commitment of the resources necessary to serve the child. The IEP also provides a basis for subsequent evaluation. It can be modified at any time, or the team can reconvene at any time. Part of this plan is setting a date for re-evaluation. See: IDEA Definitions and U.S. Department of Education Guide to Writing an IEP.

Individual Health Plan (IHP) - This plan helps to ensure that the student’s health needs are met even if the student does not qualify for special education services. The plan, developed by a nurse in partnership with the student’s family and school team, may address medications, allergies, chronic conditions, medical procedures, and other medical needs. [Janz: 1993]

Individuals with Disabilities Education Act (IDEA) - This legislation focuses on going beyond merely providing disabled children access to an education, by improving results for all children in our education system. It also strengthens the role of parents in educational planning and decision making on behalf of their children. Part B applies to students ages 3-21 and Part C applies to children 0-3. See: IDEA.

Least Restrictive Environment (LRE) - The environment where the student can receive an appropriate education designed to meet his or her special education needs, while still being educated with non-disabled peers to the maximum extent appropriate. See: IDEA State Eligibility.

Local Education Agency (LEA) - The local school system, usually a school district. See: IDEA Definitions.

Section 504 - This part of the Rehabilitation Act of 1973 was implemented by Congress in 1977. With passage of this legislation, Congress required that school districts go above and beyond the previous requirements that ensured physical access to public buildings (ramps, curbs, elevators and restroom stalls), and also make their programs and activities accessible and usable to all individuals with disabilities. This often covers special accommodations for disabled students, such as modified assignments in order to benefit from his/her education. These students do not qualify for Special Education.

Section 504 protects persons from discrimination based on their disability status. A person is disabled within the definition of Section 504 if he/she has a mental or physical impairment which substantially limits one or more major life activities such as: caring for one's self, performing manual tasks. See: Questions about Section 504 and A Parent's Guide to Section 504.

Special Education - Specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education. The term includes speech/language pathology services and may include other related services, travel training, and applied technical education, if they meet the definition of Special Education. See: IDEA Definitions.