Child With Disabilities Act
The Individuals with Disabilities Education Act (IDEA) was first enacted in 1975 under the name Education of all Handicapped Children Act. Prior to IDEA, children with disabilities could be refused entry into public schools. IDEA is the most important piece of legislation protecting the rights of children with disabilities. The act makes educating children with disabilities mandatory for all schools receiving federal tax dollars. The administrative entity of IDEA is the Office of Special Education Programs (OSEP), part of the U. S. Department of Education.
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FAPE
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The first and most important provision of IDEA is FAPE or Free and Appropriate Public Education. This means that children with disabilities, ages 3 to 21, must receive all appropriate services at public expense. This includes the costs of evaluation, education and related services. Related services include: speech therapy, occupational therapy, physical therapy and any other support that is deemed necessary for the student's educational success.
Early Intervention
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While IDEA mandates FAPE for children with disabilities ages 3 to 21, it also provides financial incentives for state departments of education to provide intervention services to children with disabilities from birth to age 2. Early intervention is not required, but IDEA makes monies available to assist states in providing these services. Studies have shown that early intervention is critical in helping children overcome developmental delays.
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Evaluation and Identification of Disability
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Placement in special education services depends on the identification of a recognized disability. There are three main reasons for this identification. First, identification of disability helps the IEP team determine what services and support are needed to help the student reach his potential. Second, identification of disability protects nondisabled students from being placed in special education forums. Finally, certifying a student's disability keeps the school system from having to provide special services students who are simply unmotivated rather than those who have genuine learning problems.
IEP
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For each child identified with a disability, IDEA requires an Individualized Education Plan or IEP be completed. The IEP is a legal document that outlines special education services, educational goals, related services and plans for transition from school to work. Each child's IEP must be reviewed and updated at least once per year by the IEP team. This is a team consisting of all persons involved in the child's education including, but not limited to: parents, teachers, special education teacher, case manager, principal or designee, interpreter of test results and related service providers. Each person involved in the IEP team meeting must sign the IEP agreeing to the plan.
LRE and Accommodations
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IDEA requires that children with disabilities be served in the Least Restrictive Environment (LRE) to the greatest extent possible. This means that the child is to be educated in the general education class with his same-age peers whenever possible. Accommodations to the general curriculum, such as large print books, may be necessary to allow the child to be successful in the classroom. The child's IEP must address LRE and accommodations. If the child is to be educated outside the general education class, the IEP team must write a statement explaining why this is necessary.
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References
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