Must a PSA adhere to all of the Michigan Revised Administrative Rules for Special Education, the Family Education Rights and Privacy Act, the Individuals with Disabilities Education, and Section 504?
Yes. The Individuals with Disabilities Education Act considers the state a whole. If the state as a whole receives federal funds, then all entities of the public educational system are responsible to comply with the Individuals with Disabilities Education Act provisions, including ensuring that each eligible child with a disability is provided a “free appropriate public education.” Michigan complies with the Individuals with Disabilities Education Act and its implementing regulations. A PSA is required to adhere to Michigan statutes and rules for special education. The Family Education Rights and Privacy Act has broader applicability than special education; it applies to all public educational entities and their students, whether or not special education is at issue. Section 504 of the Vocational Rehabilitation Act is essentially a civil rights statute which applies to individuals “with disabilities” and bars discrimination on the basis of a disability. The definition in Section 504 of
