Laws and Legal Issues
Overview of Laws

Public education has always been informed by legislation. This is particularly true of CTE where we have a long and unique history with laws governing our profession dating back to the early 1900s. It is evident that we need these laws because they provide protections for families students and schools. Protections for families include providing free and appropriate public education for students; providing access to due process and being informed. Protections for schools include minimization of frivolous accusations. Knowledge of six significant laws will serve CTE professionals well.

Carl D. Perkins Vocational and Technical Education Act (1998)

The Carl D. Perkins Vocational and Technical Education Act of 1998 (and subsequent reauthorizations) provides for skills based education in our public schools. It deems that CTE teachers meet the needs of “special populations” which it defines as:

• individuals with disabilities,
• individuals from economically disadvantaged families, including foster children;
• individuals preparing for nontraditional training and employment;
• single parents, including single pregnant women,  displaced homemakers; and
• individuals with other barriers to educational achievement, including individuals who are categorized as English Language Learners (ELLs), and academically disadvantaged.

It is also important for you to know that this act must coordinate very closely to another piece of federal legislation named IDEA.

Individuals with Disabilities Education Act (IDEA) 2004

The Individuals with Disabilities Education Act (2004) is the law that most often gets quoted in “it’s the law” type discussions. It was originally passed in 1975 and it was called “P.L. 94-142.” Originally titled “The Education for all Handicapped Children’s Act”, it’s title has changed in three significant ways:

1. “Handicapped” was replaced with “Disabilities”
2. People first language
3. “Individuals” replaced “Children”

The Americans with Disabilities Act (1990)

Gaining access to public places such as restaurants or schools or libraries is an important aspect of the Americans with Disabilities Act (1990). This is an important act for CTE teachers to know about as you prepare your students for jobs in public venues.

Vocational Rehabilitation Act (1973) - Section 504

The Vocational Rehabilitation Act (1973 through current reauthorizations) is a similar nondiscriminatory entitlement act. It provides for “Section 504” which ensures that a child not eligible to receive services under IDEA or categorized as requiring special education services can receive remediation and help from regular and general education teachers.

Family Educational Rights & Privacy Act (1974)

The Family Educational Rights & Privacy Act or FERPA is very important ensures that students and families are in “control” of their own records and that others have limited access to these records without the person’s permission. While this is useful in many cases, professional educators must be aware that if teachers have an “educational need to know” then access to the information might enhance their services.

Elementary and Secondary Education Act (1965)

Elementary and Secondary Education Act (ESEA) provided Headstart and other successful programs as demonstrated by research. It has now been renamed as the No Child Left Behind Act (NCLB) of 2001. It stresses accountability for all students, and requires testing and evaluation of schools based upon the students’ performance.