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IDEA: Special Education Law Overview

The Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities are entitled to a free appropriate public education. IDEA has four parts that establish guidelines and funding for special education. Part B requires states to educate students ages 3 to 21 with disabilities. It also outlines six principles including each child's right to a free education and an Individualized Education Plan. Part C provides services for children from birth to age 2 through Individualized Family Service Plans. IDEA has improved access to education for children with disabilities since its enactment.

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0% found this document useful (0 votes)
35 views3 pages

IDEA: Special Education Law Overview

The Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities are entitled to a free appropriate public education. IDEA has four parts that establish guidelines and funding for special education. Part B requires states to educate students ages 3 to 21 with disabilities. It also outlines six principles including each child's right to a free education and an Individualized Education Plan. Part C provides services for children from birth to age 2 through Individualized Family Service Plans. IDEA has improved access to education for children with disabilities since its enactment.

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The IDEA

What Is IDEA?
The Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities
are entitled to a free appropriate public education to meet their unique needs and prepare them
for further education, employment and independent living. Prior to IDEA, over 4 million
children with disabilities were denied appropriate access to public education. Many children
were denied entry into public school altogether, while others were placed in segregated
classrooms, or in regular classrooms without adequate support for their special needs
(Katsiyannis, Yell, Bradley, 2001; Martin, Martin, Terman, 1996; U.S. Department of Education,
2010).
IDEA has four distinct sections:

Part A
Part A of IDEA lays out the basic foundation for the rest of the Act. This section defines the
terms used within the Act as well as providing for the creation of the Office of Special Education
Programs, which is responsible for administering and carrying out the terms of IDEA (IDEA,
1997).

Part B
Part B of IDEA is the section which lays out the educational guidelines for school children 3-21
years of age. By law, states are required to educate students with disabilities (Martin, Martin, &
Terman, 1996). IDEA provides financial support for state and local school districts. However to
receive funding, school districts must comply with six main principles set out by IDEA:
 Every child is entitled to a free and appropriate public education (FAPE).
 When a school professional believes that a student between the ages of 3 and 21 may
have a disability that has substantial impact on the student's learning or behavior, the
student is entitled to an evaluation in all areas related to the suspected disability.
 Creation of an Individualized Education Plan (IEP). The purpose of the IEP is to lay out a
series of specific actions and steps through which educational providers, parents and the
student themselves may reach the child's stated goals.
 That the education and services for children with disabilities must be provided in the least
restrictive environment, and if possible, those children be placed in a "typical" education
setting with non-disabled students.
 Input of the child and their parents must be taken into account in the education process.
 When a parent feels that an IEP is inappropriate for their child, or that their child is not
receiving needed services, they have the right under IDEA to challenge their child's
treatment (due process). (DREDF, 2008; Kastiyannis, Yell, Bradley, 2001; Turnbull,
Huerta, & Stowe, 2004).

Part C
Part C of IDEA recognizes the need for identifying and reaching very young children with
disabilities. This portion of IDEA provides guidelines concerning the funding and services to be
provides to children from birth through 2 years of age. Families are entitled to several services
through part C of IDEA (IDEA, 1997).
 Every family is entitled to appropriate, timely, and multidisciplinary identification and
intervention services for their very young child. These services must be made available to
all families with infants and toddlers.
 Families are required to receive an Individualized Family Service Plan (IFSP). This plan
lays out the priorities, resources and concerns of the family. In addition it describes the
goals of the child, the services to be provided to the child, and steps for eventual
transitioning of the child into formal education.
 Families have a right to participate in the creation of the IFSP, and must give consent
prior to the initiation of intervention services.
 Lastly, parents are entitled to timely resolution of all conflicts or complaints regarding the
evaluation or services provided to their child.

Part D
The final section of IDEA, part D, describes national activities to be undertaken to improve the
education of children with disabilities. These activities include grants to improve the education
and transitional services provided to students with disabilities. In addition this section provides
resources to support programs, projects and activities which contribute positive results for
children with disabilities (IDEA, 1997).
In 2010 the U.S. Department of Education published a report acknowledging the 35th
anniversary of IDEA. The report highlighted many of the achievements gained as a result of this
legislation including the increase in college enrollment and decrease in high school dropouts.

Resources
For Parents and Students
 Individuals with Disabilities Education Act
The Parents and Families Resource page brings together U.S. Department of Education-
funded centers, department programs, and additional information of interest for parents
and families.
 A Transition Guide
Guide to postsecondary education and employment for students and youth with
disabilities.
 Fact Sheet (PDF, 1MB)
Psychologists, School-Based Health Centers, and Medicaid
For Educators and Researchers
 IDEA Data Center (IDC)
Technical assistance to build capacity within states for collecting, reporting, analyzing,
and using high-quality IDEA data. Funded by the U.S. Department of Education’s Office
of Special Education Programs.
 The Part C IDEA Data Processes Toolkit
In collaboration with IDC State Liaisons, states can use the toolkit to create and maintain
a culture of high-quality data and establish and support consistent practices
 Discipline Data Collection Questions and Answers
This IDC document assists states with the collection of data on children with disabilities
served under IDEA who were subject to disciplinary removal.

Reathorization
IDEA was last reauthorized in 2004. The law, signed by President Bush, altered many aspects
that affect the work of psychologists in elementary and secondary schools. Some psychologists'
paperwork could decrease, for example, and others may be allowed to use e-mail to streamline
the process of arranging meetings with parents.
But the biggest change to affect psychologists was in how they assess children for learning
disabilities. Under the revised law, school districts are no longer required to use the IQ-
achievement discrepancy model to assess whether a child is learning disabled.
More about the 2004 reauthorization

References
Disability Rights Education and Defense Fund. (2008). A guide for California parents: Special education due
process meeting and the resolution meeting. Retrieved
from http://www.dredf.org/special_education/dueprocess.pdf

Individuals with Disability Education Act Amendments of 1997 [IDEA]. (1997). Retrieved
from https://www.congress.gov/105/plaws/publ17/PLAW-105publ17.pdf

Katsiyannis, A., Yell, M., & Bradley, R. (2001). Reflections on the 25th anniversary of the individuals
with disabilities education act. Remedial and Special Education, 22, 324-334.

Martin, E., Martin, R., & Terman, D. (1996). The legislative and litigation history of special education.
The Future of Children, 6, 25-39.

Turnbull, H. (2005). Individuals with disabilities education act reauthorization: Accountability and
personal responsibility. Remedial and Special Education, 26, 320-326.

Turnbull, H., Huerta, N., & Stowe, M. (2004). The Individuals with Disabilities Education Act as
Amended in 2004. Upper Saddle River, New Jersey: Pearson Education, Inc.

U.S. Department of Education. (2010). Thirty-five Years of Progress in Educating Children With
Disabilities Through IDEA. Retrieved
from http://www2.ed.gov/about/offices/list/osers/idea35/history/idea-35-history.pdf

Yell, M., Rogers, D., & Rogers, E. (1998). The legal history of special education: What a long strange trip
it's been. Remedial and Special Education, 19, 219-228.

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