Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA) is a federal law that guides special education. There have been many reauthorizations of IDEA since it came into law in 1975. The main purpose of IDEA is that all children, including those with disabilities, must be provided with the supports and services needed to benefit from public education.
There are six main principles of IDEA: Free and Appropriate Public Education (FAPE), Non-discriminatory Evaluation, Individualized Education Programs (IEP), Least Restrictive Environments (LRE), Parent Participation, and Procedural Safeguards.
(1) FAPE ensures that every eligible child receives educational services that are designed to meet the child’s individual needs. It also promotes advancement in the general curriculum, with a particular focus on further education, employment, and independent living. These services must be provided at no cost to the family, and include special services, transportation, instruction, and assessment. These can also include related services and supports that allow the student to participate in extracurricular activities.
- Listen to this podcast on FAPE–What is It? (39:37; opens in Spotify, but you do not need an account to listen to the podcast).
(2) Prior to determining eligibility and as an ongoing process, a student has a right to non-discriminatory and appropriate evaluation to determine whether the student has a disability, and to determine areas of need. To conduct an evaluation, parents must give permission, and this evaluation must be done within 60 calendar days. The child must be evaluated in all areas of concern, and a new evaluation must be done if there is a reason to suspect any additional needs or if the parents request one. The evaluation tools and methods must not be culturally discriminatory and must be provided in the child’s spoken language, using reliable and valid materials and procedures. If parents disagree on the school’s evaluation and findings, they can request an outside evaluation at the expense of the public school, which is then required to consider the findings of the outside evaluation.
- Watch this video on the Principles of IDEA: Evaluations (04:49).
(3) Once a child is found to be eligible for special education services, the public school is required to develop an individualized education program (IEP). An IEP is a document that is written and reviewed by a team that must include educators, service providers, parents, and the student, when appropriate. The IEP is designed for the individual, with input from the entire IEP team, including parents and the student. Measurable goals are written with the end point of one year from the start date. IEPs must be reviewed and rewritten at least once per year, with a larger reevaluation happening at least every three years.
- Read the Pacer Center’s Guide to the IEP for more information on IEPs.
- Listen to this podcast on the ABCs of IEPs (26:30).
(4) As the team is writing the IEP, it is necessary to remember that IDEA requires that children with disabilities be educated with non-disabled peers to the fullest extent appropriate. This is referred to as the Least Restrictive Environment (LRE). IEP teams should always consider the general education setting first, only making decisions to provide services in more restrictive environments when it is appropriate based on the individual’s needs related to their disability, and only after all other options for services in the general education setting have been attempted. The LRE also includes extracurricular activities, field trips, clubs, and special classes such as art, music, and physical education. Moreover, disability–related needs must be accommodated.
- Read about ASK Resource Center’s article on the Least Restrictive Environment.
- Watch this video with Dr. Mitchell Yell on Case Law and LRE (14:02).
(5) Also mentioned as part of the other principles, parent and student participation is a key component of IDEA. Parents should be comprehensively involved in all decisions at each point, including IEP development and review, placement, and transition planning.
- Read this article on Maximizing Parental Involvement in Developing the IEP.
(6) Children with disabilities and their parents are entitled to certain procedural safeguards to ensure that their rights are protected and that they have what is needed to participate fully in the entire special education process. Parents are entitled to access student records to review, copy, and make corrections. They are also entitled to written notification of IEP meetings, prior written notice of any changes proposed by the school, and a parental rights handbook. There are safeguards in place for parents in the case of disagreements, including the right to resolution facilitation, mediation, or due process.
- Read the ASK Resource Center’s article on the Six Principles of IDEA.