Three federal laws guarantee the rights of children with disabilities access to an appropriate education:
1) Individuals with Disabilities Act (IDEA) of 1990 is a special education law
2) Section 504 of the Rehabilitation Act of 1973 relates to civil rights
3) Americans with Disabilities Act (ADA) of 1990 relates to civil rights.
IDEA--Part B
IDEA--Part B regulations require the existence of a handicapping condition that adversely affects educational performance and necessitates special education and related services. Thus, children with health impairments may not qualify under IDEA if their disabilities cannot be shown to adversely affect educational performance.
§504
However, under §504 , students with a documented physical or mental impairment which substantially limits participation in major life activities can be provided related services (including school nursing) even though not eligible for special education.
ADA
And, ADA -- like §504, though not an entitlement act providing funds to state or local education agencies to support compliance with the law -- prohibits discrimination against individuals with disabilities in equal services, facilities, privileges, and accommodations.