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Defining Student With a Disability: Rights and Educational Implications
Definition & Meaning
A student with a disability is an individual who has been identified by an individualized education program (IEP) team or a hearing officer as having one or more impairments. These impairments must require special education or related services to support the student's learning. Additionally, this designation applies only to individuals who are under 25 years of age and have not graduated from high school.
Table of content
Legal Use & context
The term "student with a disability" is primarily used in the context of educational law, particularly under the Individuals with Disabilities Education Act (IDEA). This designation is crucial for ensuring that eligible students receive the necessary accommodations and services to facilitate their education. Legal practitioners may encounter this term in cases involving special education rights, eligibility determinations, and disputes over educational services. Users can manage some aspects of these legal processes through resources like US Legal Forms, which provides templates for IEPs and related documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A 22-year-old student with a learning disability, such as dyslexia, is identified by their school's IEP team as needing special education services to succeed in their academic environment.
Example 2: A 24-year-old student with a physical impairment, such as a mobility issue, receives accommodations like wheelchair access and modified classroom settings to ensure they can participate fully in their education.
Relevant laws & statutes
The primary law governing students with disabilities is the Individuals with Disabilities Education Act (IDEA). This federal law ensures that children with disabilities have the right to a free appropriate public education (FAPE) tailored to their individual needs.
State-by-state differences
State
Key Differences
California
Has specific guidelines for the assessment and identification process for students with disabilities.
Texas
Provides additional services and supports through state-funded programs for eligible students.
New York
Requires annual reviews of IEPs to ensure ongoing appropriateness of services.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Student with a disability
An individual identified as needing special education due to impairments.
Focuses on educational needs and services.
Individual with a disability
A broader term encompassing anyone with a disability, not limited to educational contexts.
Includes all ages and contexts, not just students.
Common misunderstandings
What to do if this term applies to you
If you believe you or someone you know qualifies as a student with a disability, consider the following steps:
Contact your school's special education department to request an evaluation.
Gather any relevant medical or psychological documentation that supports the need for special services.
Explore resources like US Legal Forms for templates related to IEPs and other necessary documents.
If needed, seek assistance from a legal professional who specializes in education law.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Legal framework: Individuals with Disabilities Education Act (IDEA)
Eligibility: Determined by an IEP team
Services: May include special education and related services
Key takeaways
Frequently asked questions
An Individualized Education Program (IEP) is a written plan developed for a student with a disability that outlines the educational goals and services they will receive.
You can request an evaluation by contacting your schoolâs special education department and providing any necessary documentation of the disability.
Yes, students with disabilities can participate in regular education classes, often with accommodations or supports in place as outlined in their IEP.