Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities. It addresses the educational needs of children with disabilities from birth to age 21 in cases that involve 13 specified categories of disability.

The IDEA is “spending clause” legislation, meaning that it only applies to those States and their local educational agencies that accept federal funding under the IDEA. While States declining such funding are not subject to the IDEA, all States have accepted funding under this statute and are subject to it.

The IDEA and its predecessor statute, the Education for All Handicapped Children Act, arose from federal case law holding the deprivation of free public education to disabled children constitutes a deprivation of due process. It has grown in scope and form over the years. IDEA has been reauthorized and amended a number of times, most recently in December of 2004, which contained several significant amendments. Its terms are further defined by regulations of the United States Department of Education, which are found in Parts 300 and 301 of Title 34 of the Code of Federal Regulations.

In defining the purpose of special education, IDEA 2004 clarifies Congress’ intended outcome for each child with a disability: students must be provided a Free Appropriate Public Education (FAPE) that prepares them for further education, employment and independent living.

Under IDEA 2004:

• Special education and related services should be designed to meet the unique learning needs of eligible children with disabilities, preschool through age 21.
• Students with disabilities should be prepared for further education, employment and independent living.

Eligibility for services

Having a disability does not automatically qualify a student for special education services under the IDEA. IDEA defines a “child with a disability” as a child . . . with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance . . ., orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; AND, who . . . [because of the condition] needs special education and related services.” Children with disabilities who qualify for special education are also automatically protected by Section 504 of the Rehabilitation Act of 1973 and under the Americans with Disabilities Act (ADA). However, all modifications that can be provided under Section 504 or the ADA can be provided under the IDEA if included in the student’s IEP.

Students with disabilities who do not qualify for special education services under the IDEA may qualify for accommodations or modifications under Section 504 and under the ADA. Their rights are protected by due process procedure requirements.

Individualized Education Program

The act requires that public schools create an Individualized Education Program (IEP) for each student who is found to be eligible under both the federal and state eligibility/disability standards. The IEP is the cornerstone of a student’s educational program. It specifies the services to be provided and how often, describes the student’s present levels of performance and how the student’s disabilities affect academic performance, and specifies accommodations and modifications to be provided for the student.

An IEP must be designed to meet the unique educational needs of that one child in the Least Restrictive Environment appropriate to the needs of that child. That is, the least restrictive environment in which the child learns. When a child qualifies for services, an IEP team is convened to design an education plan. In addition to the child’s parents, the IEP team must include at least one of the child’s regular education teachers (if applicable), a special education teacher, someone who can interpret the educational implications of the child’s evaluation, such as a school psychologist, any related service personnel deemed appropriate or necessary, and an administrator or CSE (Committee of Special Education) representative who has adequate knowledge of the availability of services in the district and the authority to commit those services on behalf of the child. Parents are considered to be equal members of the IEP team along with the school staff. And of course, parents have fundamental rights as parents. Based on the full educational evaluation results, this team collaborates to write an IEP for the individual child, one that will provide a free, appropriate public education. The required content of an IEP is described in Individualized Education Program. Alternatively, parents may prepare an IEP if the school’s IEP is not fair to the child.