Special Education Law – IDEA

October 19, 2008

In the United States, children with disabilities are ensured services under the Individuals with Disabilities Education Act (IDEA).  This federal law states that all children have the right to a “free appropriate public education.”  It was originally enacted by Congress in 1975 and has been revised several times.  It guarantees children with disabilities educational services designed to meet their unique needs and to prepare them for further education, employment and independent living.  These services are provided in the least restrictive environment, which means with non-disabled peers to the greatest extent possible.  IDEA governs how state and public agencies provide early intervention for babies and toddlers, special education for children ages 3 through 22 and related services, such as speech/ language, physical and occupational therapy. 

Children who are identified as having a possible disability, that is causing a negative impact on their functioning in school, are entitled to a full and individual evaluation by the school district at no cost to the parents.  The initial evaluation may be requested either by the parents or the school and parents must give their written informed consent for it to begin. Evaluators will look at all aspects of the child’s functioning; including health, vision, hearing, communication, motor abilities, general intelligence, academic performance, social and emotional skills. Assessment results are used to determine whether the child has a disability, as well as the extent of special education and related services that the child may need.

Under IDEA, children are eligible for services if it is determined that their educational performance is adversely affected by one or more of the following specific disabilities: 

 

  • mental retardation – significantly below average general intellectual functioning existing concurrently with deficits in adaptive behavior 
  •  hearing impairment including deafness 
  • speech / language impairment – communication disorders including stuttering, impaired articulation, language or voice impairment
  • visual impairment including blindness
  • emotional disturbance – exhibiting one of the following over a long period of time: inability to build interpersonal relationships with peers and teachers, inappropriate behavior and feelings,  pervasive depression, tendency to develop physical symptoms or fear in response to problems, childhood schizophrenia
  • orthopedic impairment – may be congenital or the result of a disease or other cause, such as cerebral palsy
  • autism – a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three.  Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.
  • traumatic brain injury – an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability
  • other health impairment – including asthma, attention deficit disorder, attention deficit hyperactivity disorder, diabetes, epilepsy, heart conditions, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome
  • specific learning disability – including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia
  • deaf-blindness
  • multiple disabilities
More information on IDEA can be found at http://idea.ed.gov/