What is IDEA (Individuals with Disabilities Education Act)?
IDEA (Individuals with Disabilities Education Act) is a law that was passed to assist children and families in enforcing the rights of children with disabilities and Special Needs. IDEA gives parents, caregivers, and guardians of children with disabilities and Special Needs the right to:
- have assessments and testing completed in order to determine the eligibility and educational needs of the disabled / Special Needs student;
- review and inspect the school records of the child;
- attend the IEP (Individual Education Program) Meeting and participate in the development of a written IEP (Individual Education Plan) with representatives from the local school district / school board; and
- resolve disputes and with the school district / school board through an administrative hearing (Due Process Hearing).
What is an IEP?
Once a child is deemed to meet the requirements of inclusion within the definition of "child with disabilities", the school must develop an Individualized Education Program (IEP) that meets the educational needs unique to the "child with disabilities". Parents and caregivers with a child qualified under IDEA is entitled to the following:
- an initial and timely meeting where the school / school district / school board determines if the child is eligible or qualifies for special education
- yearly meetings between the parents / caregivers and the school to develop the specific educational plan for the child / student
Written description of the IEP for the child.
Federal law mandates certain information be placed in an IEP including the following:
- Current performance of the child
- Annual goals
- Special Education and Related Services
- Participation with non-disabled children
- Participation in state and district wide testing
- Specified dates and places for various details and aspects of the program
- Necessary transition services at certain ages
- Age of majority issues; and
- Measure the progress of the student within the IEP.
Who is eligible for Idea?
Federal law (20 U.S.C. Section 1412 (a) (3)) requires each school district / school board to identify, locate and evaluate children with disabilities and Special Needs. This should be done every school year. Upon identifying these students / children, the district should provide specific educational and resource programs to address the disabilities and Special Needs of the children.
Who is considered a "child with disabilities" under IDEA (Individuals with Disabilities Education Act)?
Under IDEA, the one or more of the following apply:
- Autism
- Hearing impairment (which includes deaf children)
- Visual Impairment (which includes blind children)
- Mental Retardation
- Serious emotional disturbances
- Traumatic Brain Injury (TBI)
- Orthopedic and related physical impairment
- Special learning disability
- Other health impairment
If a child has one or more of the aforementioned conditions, the child may qualify under IDEA but does not automatically qualify. There must be evidence that the disability has or will adversely affect the child's educational performance in the school system.
