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IDEA
The Individuals with Disabilities Education Act
IDEA is a federal law that addresses the right for students with disabilities to receive a free appropriate public education. While the law was written in 2004, the information provided on our site is based on the 2015 amendments to IDEA. The opening sentence of the legislation is powerful in setting the intent for early intervention, special education and related services. It states:
“Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society.”
This extends to mean that the right for students with disabilities to participate in and contribute to their school environments is not diminished or lessed in any way. Congress acknowleges that school experiences and expectations expand beyond just academic achievement.
“Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
These four intended outcomes of IDEA should be incorporated into the delivery of special education services. Students with disabilities must be treated as equals to their nondisabled peers and allowed to fully participate in academic and nonacademic activities. The purpose of the law is to promote equality and inclusion, facilitate independence and prepare students for gainful employment.
Six Principles of IDEA
Protecting ambitious educational opportunities.
Free Appropriate Public Education (FAPE)
The right for students with disabilities to receive a government funded, public education with related services at no cost to families.
Individualized Education Plan (IEP)
A written document that outlines academic goals, accommodations, modifications and services for students with disabilities.
Least Restrictive Environment (LRE)
A mandate that students with disabilities be educated in a regular classroom with nondisabled peers to the maximum extent possible.
Appropriate Evaluation
Parental Participation
Procedural Safeguards
Free Appropriate Public Education (FAPE)
FAPE includes special education and related services that:
- Are provided at public expense without charge
- Meet the standards of the state educational agency
- Include an appropriate preschool, elementary or secondary school
- Are provided in conformity with the individualized
education plan (IEP)
Legislation
Free Appropriate Public Education (FAPE)
Sections 300.17 and 300.101
IEPs are written statements that are developed, reviewed and revised in a meeting and required to include:
- Present levels of achievement to include how the child’s disability affects involvement and progress in general education curriculum
- Measurable, annual goals designed to enable involvement and progress in the general education curriculum
- Description on how progress will be measured and reported
- Explanation if child is to be removed from nondisabled peers and the general education classroom
- Individual, appropriate accommodations
- Beginning date and frequency of services
Legislation
Least Restrictive Environment (LRE)
Schools must ensure that:
- Children with disabilities are educated with nondisabled children to the maximum extent appropriate
- Removal of children with disabilities from the regular education class can occur only if education cannot be achieved satisfactorily in regular classes with the use of supplementary aids and services
- States must not use a funding mechanism based on the type of setting a child is served in that will result in failure to provide FAPE according to the IEP
- Students are not removed from a regular classroom solely for needing modifications to general education curriculum
- IEP plans extend to nonacademic settings and extracurricular activities, for full participation across all school environments
Legislation
Appropriate Evaluation
When conducting evaluations, schools must:
- Use a variety of assessments and tools to assess a child’s functional, developmental and academic skills
- Gather information related to enabling the child to be involved in and progress in general education curriculum
- Not use any single measurement or criterion for determining if a child has a disability or to determine an appropriate educational plan
- Ensure assessments reflect a child’s aptitude rather than reflect the child’s impaired skills
Legislation
Appropriate Evaluation
Sections 300.304 and 300.306
Parental Participation
Schools must ensure that parents:
- Receive written notification of IEP meetings to include the topic of discussion and the team members expected to be present
- Can attend and participate in scheduled IEP meetings
- Have access to an interpreter if needed
- Receive a copy of the IEP at no charge
Legislation
Parental Participation
Section 300.322
Procedural Safeguards
States and school districts must establish, maintain and implement procedural safeguards that meet the requirements of IDEA, including:
- Independent educational evaluations
- Prior written notice
- Parental consent
- Access to education records
- Opportunity to present and resolve complaints through due
process and state complaint procedures
Legislation
How You
Can Help
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