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Washington PAVE | STOMP Project | 6316 So. 12th St. | Tacoma, WA 98465
(253) 565-2266 (v/tty) | 1-800-5-PARENT (v/tty) | Fax: (253) 566-8052

Laws And Regulations

The Law which governs provision of Special Education in the United States of America is PL 105-17, the Individuals with Disabilities Education Act. The IDEA (the ACT) applies to all Department Of Education Schools (public schools), Department of Defense Schools (DDESS) in the continental United States and to the Department of Defense Schools overseas (DODDS).

The IDEA (the ACT) has authority over all the other subsequent regulations and will supercede in the event of conflict between the Act and any of the regulations except when the regulations provide more protection to the child. Look in the table below for clarification on which regulations apply to which system. Once again we emphasize that the IDEA (ACT) applies to all systems by placing it above the table of regulations.
IDEA PL 105-17
Dept of Education Public Schools Dept of Defense Schools CONUS (DDESS) Dept of Defense Schools OCONUS (DODDS)
Federal Register 34 CFR Parts 300 & 303 IDEA Regulations DODD 1342.12 32 CFR Part 57
State regulations Contact your local Parent Training & Information Center to find out how to obtain a copy State regulations do not apply in these schools regardless of where they are located. No state regulations apply.

Other Important Laws and Regulations for Military Families:

DODI Directive 1020.1 Non-discrimination on the basis of handicap in programs or activities assisted or conducted by the Department of Defense. i.e. youth center/sports programs etc.

DODI 6060.2 Non-discrimination of eligible children with disabilities in DOD childcare services. Establishes requirements for equal access for children with disabilities in child development programs on military installations.

FERPA (Family Educational Rights and Privacy Act) PL 93-380 Establishes requirements for accessing records as well as ensuring the confidentiality of personally identifiable information. Section 504 of the Rehabilitation Act PL 93-112 Civil Rights Legislation establishes a broad definition of a qualified individual with a disability. There are two prongs to the test to determine if an individual is qualified as a person with a disability. First, the definition includes persons with a disability, persons with a history of disability, and those suspected of having a disability. The second prong is that the disability substantially limits one or more major life activities.
Public Schools DDESS DODDS
Yes Applies but difficult to enforce DODI 1020.1 enforces Does not apply overseas

LII -- Legal Information Institute

This Web Site © Copyright, STOMP 2011.

Washington PAVE has a policy of nondiscrimination. In the event you, as an employee or recipient of services, feel that you have been discriminated against on the basis of race, color, national origin, marital status, disabled or Vietnam era veteran status, sex, disability, religion, creed, age, sexual orientation, or HIV/AIDS status, you have the right to file a complaint with the agency´s 504 Compliance Officer.

Please contact PAVE´s Compliance Officer: Heather M. Hebdon, 6316 South 12th. Street; Tacoma, WA 98465-1900 (253) 565-2266 (v/tty); 1-800-5-PARENT (v/tty); Fax: (253) 566-8052, E-mail:hhebdon@wapave.org

Unauthorized Practice of Law Disclaimer:
PAVE is a nonprofit organization that provides information, training, individual assistance, and resources. PAVE is not a legal firm or legal service agency, and as such the information contained on this website is provided for the purpose of informing the reviewer, but should not be considered as a means of taking the place of legal advice that must be obtained through an attorney. PAVE may be able to assist you in identifying an attorney in your area, but cannot provide direct referrals.

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