Wrightslaw Advocacy Guidelines

The Law Library: Statute and Regulations

The Law Libraries at Wrightslaw include these areas:
Legal News
Caselaw
Statute and Regulations
Articles & Reports
For articles about special education advocacy, Letters to Wrightslaw, and back issues of The Special Ed Advocate, please go to The Advocacy Library

Portions of The Individuals with Disabilities Education Act of 1997 are published below. The Act is a part of the United States Code beginning at 20 U.S.C. Section 1400.

The law was amended in 1997 and is often called IDEA 97. The law is scheduled to be reauthorized in 2002.

IDEA 97 Overview and Table of Contents - Read this section first

IDEA 97 Section 1400 through Section 1406 - Findings, Purpose, Definitions

IDEA 97 Section 1412 - Private School Placements by Parents - Required Notice from Parents

IDEA 97 Section 1414 - Evaluations and IEPs

IDEA 97 Section 1415 - Procedural Safeguards, Due Process and Discipline

IDEA 97 Section 1415(k) - This is the subpart of Section 1415 that focuses exclusively on the new confusing section about discipline. Subsection K is the same as the subsection K contained in the Section 1415 file above, but does not include any other 1415 subsections.

IDEA Regulations

Main IDEA Regs Page. Includes Appendix A to the Regulations (information about IEPs, parental role, transition in an easy to understand Q & A format)

Questions About Testing? Assessment? Download Memorandum from OSEP About Assessment for Children with Disabilities (in pdf)

Download OSEP Memorandum on Assessment in rich text.

Joint Policy Memorandum on ADD by Office of Special Education and Rehabilitative Services. Clarifies that children with ADD/ADHD are eligible for special education services under IDEA and Section 504 protections.



Specific factual or legal questions about your child's situation, need a consultation, or want to purchase our advocacy package

More information.




Note to Non-lawyers
U.S. Supreme Court cases are, of course, supreme.

Cases from U. S. Courts of Appeals are the next highest level of judicial decisions. Rulings from a U. S. Circuit Court of Appeals will have binding authority over the Courts in the states of that Circuit.

Other Circuits and other states may not be bound by a ruling from a different circuit, but may rely upon the decision as "persuasive authority." Thus, it is important to stay on top of the rulings of the U. S. Courts of Appeals.

When the Circuits have "split" rulings on the same issue, i.e., different legal outcomes from similar issues of fact and or law, then the cases have a higher probability of being accepted for review by
the U. S. Supreme Court.

This is what happened with Shannon Carter's case. To read the "Untold Story" of Shannon's case, go to The Advocacy Library.