The Individuals With Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) was originally known as The Education for All Handicapped Children Act of 1975 (EHA). EHA was a landmark piece of legislation under which states were mandated to provide children with disabilities a free and appropriate education. For the first time in the history of our nation, children with disabilities had the right to a public education. Our children are the beneficiaries of the remarkable men and women who, with considerable wisdom, insight, fortitude, and dedication forged that extraordinary document.
Today IDEA requires that every child, ages 0 through 21, who has been identified as a child with a disability under the eligibility criteria of the law, will receive a free appropriate public education (FAPE).
IDEA defines a child with a disability as a child who is evaluated as having one of 14 disabilities, and who, because of the disability, needs special education and related services. The 14 categories of disability are:
- autism
- cognitive impairment
- deaf-blindness
- deafness
- developmental delay
- emotional disturbance
- health impairment that adversely affects the child’s educational performance (such as asthma, ADD, ADHD, diabetes, epilepsy, leukemia, a heart condition, etc.)
- hearing impairment
- learning disability
- orthopedic impairment
- speech or language impairment
- traumatic brain injury
- visual impairment, including blindness
- multiple disabilities
What Is Special Education?
As used in IDEA, special education means instruction that is specially designed to meet the unique needs of a child with a disability, and is provided to the child at no cost to the parents. It can include instruction provided in the classroom or home, or in hospitals, institutions, and other settings, as needed.
What Are Related Services?
IDEA defines related services as transportation and other services that help a child to develop, correct problems,
or otherwise support the child to benefit from his/her special education. Services such as speech language therapy, physical and occupational therapy, recreation, counseling, and orientation and mobility services are examples of
related services.
IDEA Provides That These Educational Rights Must Be Met:
- All students with disabilities will have available to them a free appropriate public education (FAPE) designed to meet their unique needs.
- An evaluation will be conducted by a qualified professional to help determine whether the child has a disability and what his or her educational needs are.
- Based on the educational needs of the child, a written plan, called an Individualized Education Program (IEP), will be developed by a team of individuals, including the parents, who have knowledge and special expertise about the child.
- Each IEP will include goals designed to meet the child’s educational needs and to enable the child to be involved in the general curriculum. It will also include a statement of all special education services needed by the child to fully participate in his/her education.
- Parents will have the right to actively participate in all decisions related to the education of their children with disabilities.
- Students will be provided a variety of possible settings in which to receive their education.
- To the maximum extent appropriate, children with disabilities will be educated with children who are not disabled; and unless the IEP requires some other arrangement, the child will be educated in the school that he/she would attend if not disabled.
- If the school proposes or refuses to initiate or change the identification, evaluation, or educational placement of a child, the parents must be given written notice of the action within a reasonable amount of time before it takes place. The parents and children will have the right to challenge and appeal decisions made by the school related to identification, evaluation, and placement of their child. When the school provides written notice to a parent of a proposed change in the IEP and/or placement of a student, and the parent objects in writing within 10 days, that change cannot be made. The school, however, may request a due process hearing to determine whether the proposed change is appropriate.
- Although some states may try out 3-year IEPs, in Idaho the IEP team must meet at least annually to review and revise the IEP as needed. The child will be re-evaluated at least every 3 years.
- Parents will have the right to inspect, review, and correct any educational records related to their child, that are collected, maintained, or used by the child’s school.
- Procedural safeguards (legal protections) will be afforded to parents and children under IDEA.
- Mediation, a process in which an impartial third party helps resolve disagreements, must be available to help parents and schools to resolve differences regarding a child’s special education.
- Disciplinary removals of children from IDEA placements can occur only when schools follow the procedures outlined in IDEA.