Childhood Disabilities Act

The law now requires an education for all children.

The Childhood Disabilities Act is also called "The Individuals with Disabilities Education Improvement Act of 2004" or by the shorter title, "The Individuals with Disabilities Education Act" (IDEA). The act is divided into four sections labeled: "Part A--General Provisions," "Part B--Assistance for Education of All Children with Disabilities," "Part C--Infants and Toddlers with Disabilities" and "Part D--National Activities to Improve Education of Children with Disabilities."

Brief History of IDEA

Disabilities no longer prevent education.

Problems in education for children with disabilities led to the enactment of the first law protecting educational rights for children with physical handicaps, learning problems or intellectual disabilities. In 1970, one in five students with disabilities was denied education, according to the US Department of Education. During the 1960s and 1970s, varied legislation was passed aimed at helping individuals with disabilities. In 1975, Congress enacted the "Education for All Handicapped Children Act (Public Law 94-142)." The law was amended in 1997 as the "Individuals with Disabilities Education Act (IDEA)." IDEA was again amended in 2004.

Significance of IDEA

Children with disabilities are given help to access the general curriculum.

IDEA has improved the lives of children who have disabilities affecting access to the general curriculum. As a result of this legislation, coupled with No Child Left Behind (NCLB), programs are continually developed to improve assessment, early intervention, adaptive technology and instruction and curriculum.

Part B--Assistance for Education of All Children with Disabilities

The IEP helps ensure student achievement.

Part B deals with special education services for children during their K-12 education and also for children from 3 to 5 years old. It is divided into eight sections. Part B describes the process involved in the Individualized Education Plan (IEP), including what assessments should be done, what should be included and who should be involved. The rights of students and parents are described in this section as well. Other items covered in Part B include regulations for local and state educational agencies, educational placement, monitoring and enforcement, funding including preschool grants, procedural safeguards and general provisions.

Part C--Part C--Infants and Toddlers with Disabilities

Early intervention usually involves the entire family.

Part C was added to IDEA in 1986 and refers to early intervention services provided from birth to three. Early intervention involves identifying children at risk and providing interventions that might prevent or minimize learning problems when the children reach school age. Milestones during the first three years of life are targeted by these services and include physical development, cognitive development, communication development, social/emotional development and self-help development such as eating and dressing.

Parents who are concerned about their infant's development may contact their local or state agency in charge of early intervention services. Agencies vary by state. Early intervention differs from school age intervention as it involves the family in a multifaceted evaluation and plan. Rather than an IEP, an Individualized Family Service Plan, or IFSP, is developed. Evaluation and services are often provided in the child's home. Service providers might include an occupational therapist, physical therapist, speech therapist, audiologist, preschool special education teacher, family counselor and others.

Transition Services

A transition plan might include college.

The law requires that a plan of transition to adulthood be developed as part of the IEP when a student reaches age 14. The definition of transition services was amended in 2004 to include that the plan should be a "results oriented" plan, should be based on a child's needs and taking into consideration a student's strengths and interests.

References

• The National Early Childhood Technical Assistance Center
• US Department of Justice Civil Rights Division: A Guide to Disability Rights Laws
• National Dissemination Center for Children With Disabilities: IDEA--The Individuals With Disabilities Education Act
• PUBLIC LAW 108--446---DEC. 3, 2004
• US Department of Education: HISTORY Twenty-Five Years of Progress in Educating Children with Disabilities Through IDEA

Resources

• National Dissemination Center for Children With Disabilities: Overview of Early Intervention
• Wrightslaw: IDEA 2004: Transition Services for Education, Work, Independent Living