LibGuides: Education of Students with Disabilities : Federal and State Laws: Federal Laws

Federal Statutes

United States Code Service by LexisNexis
Call Number: KF 62 .L38
Publication Date: Franklin County Law Library has a current subscription
Also available on Lexis from the Franklin County Law Library public computers.

U.S. Code
from the Office of the Law Revision Counsel. Official, unannotated version. Very up-to-date.
U.S. Code
from the Government Publishing Office. Unannotated, official code.
U.S. Code from Cornell Law School
Relatively up-to-date free source on the web. Link on each code sections gives new public laws affecting that section. Popular Name Table.

The CFR

Code of Federal Regulations by U.S. Government Publishing Office
Call Number: KF 70 .A3
Publication Date: only current to 2020.
Also available on Lexis from the Franklin County Law Library public access computers.

Code of Federal Regulations (CFR)

The CFR is an official compilation of codified regulations.

It is arranged by subject, analogous to US Code. However, CFR Title numbers do not always match USC Title numbers. [e.g., 26 USC – Internal Revenue Code and 26 CFR – tax regulations; but 20 USC – Education and 34 CFR – education regulations.]

The first edition published in 1939 (for regulations in effect as of 6/1/38). Paperbound volumes published annually (since 1967). US Office of the Federal Register revises CFR on quarterly basis – January 1st – Titles 1-16; July 1st – Titles 28-41; April 1st – Titles 17-27 October 1st – Titles 42-50.

Available from:

eCFR - The Electronic Code of Federal Regulations (e-CFR) is a currently updated version of the Code of Federal Regulations (CFR).

Division of CFR's Fifty Titles:

Titles divided into Chapters – Chapters designated to Agencies; numbered with roman numerals; Chapters sometimes have Subchapters, designated by capital letters.

(b) Chapters divided into Parts.

CFR sections are often inter-related. Even if one has a cite to a particular Section, one may want to review the rest of the Sections in that Part.

Each CFR Part has:

(a) Authority Note – generally, at “beginning” of each Part (i.e., at end of Part’s table of contents, before actual text begins); statutory/executive enabling authority under which regulations issued.

(b) Source Notes – at end of each Section in Part; citation and date of Federal Register in which Section last published in full.

CFR Index and Finding Aids published annually. Not comprehensive, and usually refers to Parts, not Sections within Parts. Includes Parallel Table of Authorities and Rules.

U.S. Supreme Court Cases

Endrew F. Douglas County School District (2017)
The US Supreme Court held that "to meet its substantive obligation under the Individuals with Disabilities Education Act, a school must offer an "individualized education program" reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances."
Perez v. Sturgis Public Schools (2023)
US Supreme Court held that IDEA’s exhaustion requirement does not preclude Mr. Perez’s ADA lawsuit because the relief he seeks (i.e., compensatory damages) is not something IDEA can provide.

Medicaid Waivers

Waivers are the third prong of the federal Medicaid program. They allow states to waive the income qualification requirements for certain children and adults, so that they can live at home instead of being institutionalized.

Biden administration nixes Ohio’s Medicaid work requirements
Letter from HHS, 8/10/21
Ohio Section 1115 Demonstration Waiver for Substance Use Disorder Treatment

Katie Beckett Waivers
For disabled children

Home and Community-Based Waiver Services (HCBS)
Also known as 1915(c) waivers. Allows children and adults to stay in their homes, instead of going to nursing homes. In Ohio, the HCBS waiver program for the elderly is called the Passport waiver.
Section 1115 Demonstrations
These waivers gives states flexibility to experiment with their Medicaid programs.
Center for Medicaid & Chip Services Guidance on Opportunities to Promote Work among Medicaid Beneficiaries
Jan 11, 2018 CMS guidance letter describing considerations for states that may be interested in pursuing demonstration projects under section 1115(a) of the Act that have the goal of creating incentives for Medicaid beneficiaries to participate in work and community engagement activities. Pregnant, elderly, disabled and children would be exempt.
MEDICAID DEMONSTRATIONS: Actions Needed to Address Weaknesses in Oversight of Costs to Administer Work Requirements GAO-20-149: Published: Oct 1, 2019. Publicly Released: Oct 10, 2019.

Federal Laws on Special Education

20 US Code Chapter 33 - Education of Children with Disabilities

Key sections of IDEA are below:

20 USC Sec. 1401 - Definitions
Among other terms, defines “free appropriate public education” (FAPE) as special education and related services that—
(A) have been provided at public expense, under public supervision and direction, and without charge;
(B) meet the standards of the State educational agency;
(C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and
(D) are provided in conformity with the individualized education program required under section 1414(d) of this title.
20 USC Sec. 1406
Authorizes federal regulations to carry out this chapter.
20 USC Sec. 1414
Requirement that state and/ or local schools provide evaluations, eligibility determinations, individualized education programs (IEPs), and educational placements for children with disabilities.
20 USC Sec. 1415
Lays out the process for contesting the special education plan of a student. Can include an award of attorney's fees.
20 USC §§ 1431-1444
Infants and toddlers with disabilities

All students eligible for protection under the IDEA are also eligible for the protections of the Rehabilitation Act, which is part of the Americans with Disabilities Act. The Office for Civil Rights (OCR), part of the United States Department of Education, is charged with enforcing anti-discrimination laws. The relevant section of the Rehabilitation Act can be accessed below:

29 USC Sec. 794
Mandates nondiscrimination under Federal grants and programs
Rehabilitation Act
29 U.S. Code Chapter 16

Federal Regulations on Special Education

34 CFR Part 300
ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES

Some key sections of 34 CFR Part 300 are below:

34 CFR Sec. 300.100
A State is eligible for federal financial assistance under Part B of the Act for a fiscal year if the State submits a special education plan that provides assurances to the Secretary of Education that the State has in effect policies and procedures to ensure that the State meets the conditions in §§ 300.101 through 300.176.
34 CFR Sec.300.309
Criteria for determining the existence of a specific learning disability. States must adopt this criteria in order to get federal funding.
34 CFR Sec.300.320
Definition of an individual education plan (IEP)
34 CFR Sec. 300.647
Determining significant disproportionality of racial or ethnic groups in special education. Education Secretary DeVos has sought to delay the implementation of this rule.
34 CFR Sec. 303.304
Contents of an Individualized Family Service Plan (IFSP) for babies and toddlers.

Implementing regulations for the Rehabilitation Act (29 USC Sec. 794) as it applies to special education can be accessed below:

34 CFR Part 104
NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE. Requires reasonable accommodation of disability, but does not require fundamental alteration of structure or program.
45 CFR § 84.37
No discrimination against handicapped students allowed in nonacademic services, including sports

Treaties

Marrakesh Treaty
More than 100 nations so far have agreed to amend copyright laws to more easily allow for the creation — and the sharing across borders — of audio and electronic Braille versions of published works for people who are blind, have impaired vision or any disability that prevents their use of printed media. That includes disorders such as dyslexia and physical conditions that, say, inhibit someone from holding a book. Treaty nations can swap directly or through an online central clearinghouse. In late January, that catalogue listed about 730,000 items in more than 80 languages.