The Legal Basis for Accommodations and Modifications

Summary:

This page briefly describes the federal laws and Florida Statutes and Rules that address accommodations and modifications: No Child Left Behind, the Individuals with Disabilities Education Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973, and State Board of Education Rules. The section headings are links to additional information.

Federal Laws that Govern Accommodations and Modifications

No Child Left Behind (NCLB) 2001
Requires all states to use assessments to determine if a school has made adequate yearly progress in the proficiency of all students, including students with disabilities. The law provides for accommodations and alternate assessments for students with disabilities who need them.

Individuals with Disabilities Education Act (IDEA) 2004
Governs educational programs for students with disabilities. It requires access to general curriculum, development of individual educational plans, and due process and procedural safeguards.

American with Disabilities Act (ADA) 1990
Ensures accessibility in all areas of life for those with disabilities.

Section 504 of the Rehabilitation Act of 1973
Prohibits discrimination based on a disability. Section 504 supports the education of all students with disabilities, including those who are not eligible under IDEA.

Florida Statutes and Rules that Govern Accommodations and Modifications

Florida Statutes, Section 1008.22
Requires participation in the statewide testing program for all students. Students with disabilities may have accommodations, if they need them. To download excerpts from the statutes that deal with special programs, go to the Florida Department of Education Clearinghouse Information Center's Publications page at http://www.fldoe.org/ese/pub-home.asp and scroll down the alphabetical list of titles to Florida Statutes and Educational Rules (Vol 1-B). (PDF, 232 pages, 1.8 MB)

Florida State Board of Education Rules
Information on three State Board of Education Rules in Florida that address accommodations and modifications for students with disabilities.

For information on eligibility for accommodations and modifications, visit the Who is Eligible? page of this website.