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: Elementary and Secondary Education Act, the Individuals with Disabilities Education Act, the Americans with Disabilities Act, 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

Elementary and Secondary Education Act (ESEA) 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.

Americans 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 1003.41, Sunshine State Standards

Requires that the Next Generation Sunshine State Standards will replace the Sunshine State Standards and that the new standards will establish the core curricular content for grades K-12.

Florida Statutes, Section 1003.43 (11) (b), General Requirements for high school graduation: revised

Lists the factors to be considered in determining when a student with a disability may have the FCAT requirement waived for the purpose of receiving a standard high school diploma.

Florida Statutes, Section 1008.22 (3) (c) 6, Student assessment program for public schools

Requires participation in the statewide testing program for all students. Students with disabilities may have accommodations, if they need them.

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.

• Course Modifications for Exceptional Students . Rule 6A-6.0312, FAC
• Statewide Assessment for Students with Disabilities. Rule 6A-1.0943, FAC
• Procedures for Special Exemption from Graduation Test Requirements for Students with Disabilities Seeking a Standard High School Diploma. Rule 6A-1.09431, FAC

For specific information on how these statutes and State Board of Education rules are implemented in your area, consult the local exceptional student education office in your school district.

Resources

Follow this link to the FCAT Accommodations for Students with Disabilities page of the Florida Department of Education web site at: http://www.fldoe.org/ese/fcatasd.asp to access checklists, forms, and other information.

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