Section 4: Rights and Regulations
60 iDEiA
Type:
Education act
Administration:
US Department of Education
General Purpose:
- To ensure a free appropriate public education that emphasizes special education and related services is available to all children with disabilities and is designed to meet their unique needs and prepare students for further education, employment, and independent living.
- To ensure that the rights of children with disabilities and parents of such children are protected.
- To assist states, localities, educational service agencies, and federal agencies to provide for the education of all children with disabilities.
- To assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families.
Funding:
Federal funds provided under Parts B and C to assist States and local education agencies in meeting IDEIA requirements to serve infants, toddlers, and youth with disabilities.
Applicable agencies:
State and local education agencies to guarantee special education and related services to eligible children with disabilities.
Age range:
- Birth through 21 years
- Part B encompasses ages 3-21
- Part C includes birth- 2 years of age.
Evaluation and Placement:
A comprehensive evaluation is required. A multidisciplinary team evaluates the child following receipt of parental consent. IDEIA requires that reevaluations be conducted at least every 3 years. For evaluation and placement decisions, IDEIA requires that more than one procedure, information, or data source be used, information from all sources be documented and considered, a group of persons who know about the student determine eligibility. The evaluation data, placement options, and placement decisions must support and place the student in the least restrictive environment (LRE). An IEP meeting is required before any change in placement.
Free, Appropriate Public Education (FAPE):
IDEIA defines FAPE to include the provision of special education and related services. Special education means “specially designed instruction at no cost to the parents, to meet the unique needs of the child with a disability…” Related services are provided if students require them in order to benefit from specially designed instruction. States are required to ensure the provision of “full educational opportunity” to all children with disabilities. IDEIA requires the development of an Individualized Education Program (IEP) document with specific content and a required number of participants at an IEP meeting.
Procedural Safeguards:
IDEIA requires written notice to parents regarding identification, evaluation, and/or placement. Further, written notice must be made prior to any change in placement. IDEIA describes the required components.
Due process or Violations:
IDEIA describes specific requirements for local education agencies to provide impartial hearings for parents who disagree with the identification, evaluation, or placement of a child.