Educating BVI Students
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Rights

Federal Laws that Apply to BVI Students

The Federal laws that apply to students with Blindness and Visual Impairment are:

  1. Individuals with Disabilities Act (IDEA)

  2. Americans with Disabilities Act (ADA)

  3. Section 504 of the Rehabilitation Act

The IDEA part B applies to students K through 12th grade in public schools.

The ADA also applies to students K-12. The ADA extends into college and the workplace. The obligations of the institution will vary based on whether it is public (Title II) or private (Title III).

Title II applies to all state and local governments whether or not they receive Federal Funds. Title II also applies to all public schools and their programs. A student who has a disability, but may not have an IEP would still be protected from discrimination under Title II. The US Department of Justice enforces Title II as does the US DOE’s Office of Civil Rights.

Section 504 applies to recipients of financial assistance from the US DOE. This includes all public schools. In the case of colleges, students receiving loans from the USDOE would obligate an institution to abide by section 504, whether public or private. This civil rights law protects BVI students from discrimination based on disability. The US Department of Education generally interprets Title II of the ADA in a consistent manner with section 504.

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