What To Know About the Individuals With Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is a powerful federal law. It changed the landscape of education in the United States. Before this law, schools often denied many children with disabilities proper educational opportunities. 

Today, thanks to IDEA, accessible education services in public schools have transformed. Some schools, organizations, and laws still refer to the term “special education,” which can be offensive and stigmatizing to students. The preferred term is "accessible education" or "individual education." IDEA helps ensure that students with disabilities have the same rights and opportunities as their peers. 

This article provides a brief overview of IDEA in America.

The State of Education Before IDEA

The landscape of education before IDEA was a stark contrast to the rights and protections recognized today. Education is fundamental for all children, but those with disabilities often found themselves sidelined. Before IDEA, there was no uniformity across states. Sometimes, there wasn't even uniformity within individual school districts. A vast number of these students were outright denied access to public schools. Even when allowed in schools, many students had to attend separate classrooms.

The Rehabilitation Act of 1973 marked an early attempt to rectify some of these injustices. Specifically, Section 504 of the act prohibited discrimination on the basis of disability. Any program or activity receiving federal funds outlawed discrimination on the basis of disability. This meant schools could no longer exclude children with disabilities outright.

The enactment of IDEA radically shifted the landscape. Schools could no longer marginalize or ignore children with disabilities. IDEA became a significant step forward in disability rights. It mandated that all schools serve the educational needs of students with disabilities. This included all schools that received federal funding.

IDEA: A Brief Overview

IDEA was a response to the need for a structured accessible education system. The U.S. Department of Education created IDEA. IDEA provides guidelines for how school districts should support students with disabilities. Its main goal is to offer a free appropriate public education (FAPE). FAPE in the least restrictive environment (LRE) possible is the goal under IDEA. Amendments over the years have further strengthened its provisions. This helps ensure children's education rights are upheld.

At the center of IDEA is the concept of individualized education programs (IEPs). Each child with disabilities receives an IEP. This plan states the current educational status of the child and sets forth goals and objectives for the child to meet.

Contained within the United States Code (U.S.C.), IDEA works hand-in-hand with other laws. For example, it works in tandem with the Americans with Disabilities Act (ADA). The ADA tackles discrimination against individuals with disabilities. Meanwhile, IDEA zeroes in on the educational arena. These laws work together to ensure students have equal access to educational opportunities.

IDEA Court Cases

Over the years, several court cases have shaped IDEA and its interpretations. IDEA is not just a piece of legislation but a living, evolving entity. Many court cases shaped IDEA over the years. Advocacy drives these cases. They have provided critical insights into how to apply IDEA. They serve as benchmarks in accessible education law. This offers precedents and guidance for future disputes.

One notable case is Luna Perez v. Sturgis Public Schools (2023). This case focused on the school district's obligation to provide hearing interpretation services to a deaf student. This case extended compensation because these services were not provided by the school district under the Americans with Disabilities Act, even though this student had not gone through the administrative processes generally required under the IDEA. 

The case underscores the importance of providing services to a student that address the unique needs of that student.

Another landmark case is Endrew Joseph v. Douglas County School District (2015). In this case, the court made a ruling about IEPs in favor of the school district. The court followed an earlier Supreme Court ruling that schools must offer IEPs that are “reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances."

These cases often center on the rights of students with disabilities. They have helped ensure appropriate educational placement and helped to determine what FAPE entails. Some of these cases have resulted in strengthening the rights of parents and these cases have also clarified the mandates of FAPE and the IDEA.

IDEA Focuses on Federal Funding

IDEA is primarily a funding statute. It requires that each state educational authority develop a policy. This policy should focus on creating a FAPE. State-by-state, they determine the amount of funding based on the number of children with disabilities. These children are between the ages of three and 21 and receive educational support.

To qualify for this funding, state educational authorities must submit a detailed plan. This should showcase their commitment to providing FAPE to children with disabilities. The federal funds come with stipulations. States and local agencies must use these funds to supplement, and not replace, state and local funds. Each state conducts periodic reviews and audits.

IDEA Gives the Right to Free Appropriate Public Education

Free appropriate public education (FAPE) is a cornerstone of IDEA. It mandates that schools must provide education tailored to a student's individual needs without cost to the parents. This means children, whether they have autism, dyslexia, or any other disability, have a right to an education that is appropriate for them and benefits them.

IDEA defines FAPE as including education support and related services. These are provided at public expense and under public supervision and direction.

Free appropriate public education must also:

• Meet standards set forth by state educational agencies
• Include appropriate education at the preschool, elementary, and secondary levels
• Be provided in conformity with individualized education programs required under IDEA

Idea Compels Schools To Check Learning Needs

Understanding a child's unique learning needs is foundational to their academic success. IDEA underscores this importance by mandating thorough evaluations. Any concerned party, from parents to teachers, can start this process. They can request an evaluation of a child's learning and developmental needs.

Once a request is made, schools have specific timelines they must follow. This ensures the student doesn't wait indefinitely for the support they need. 

The evaluation process is comprehensive and multifaceted. The initial evaluation determines whether a child needs individual education services. This often involves a team of specialists. The team can include psychologists, speech and language pathologists, and occupational therapists. Their goal is to get a holistic understanding of the child's strengths, challenges, and the nature of their disability.

The evaluation is not a one-time event. Reevaluation ensures they continue to meet the child's needs over time. IDEA mandates periodic reevaluations. This helps keep pace with the evolving needs of the child. This might mean adjusting services or changing instructional approaches. It can also mean transitioning a child into different educational environments.

IDEA Defines the Least Restrictive Environment (LRE)

The concept of the Least Restrictive Environment (LRE) is central to IDEA. This is a transformative principle in accessible education law. At its core, LRE promotes the idea that schools should educate students with disabilities alongside their peers. 

Under this idea, children with disabilities are not isolated. Instead, schools should integrate them into general education classrooms. This is true whenever it is beneficial and workable for the student.

Yet, LRE doesn't imply that every student with a disability must always be in a general education setting. Some students may need more specialized environments for some or all of their school days. The key is that educators should base their decisions on what is educationally appropriate for each student.

IDEA Creates Individualized Education Programs (IEPs)

An Individualized Education Program (IEP) is a personalized document. It is a commitment by the school system to provide tailored support for the unique needs of the child. It was born from the provisions of IDEA. IEPs are a cornerstone of accessible education programs. The IEP covers a wide range of essential information. It details the student's current performance. It also sets specific, measurable learning goals.

The IEP measures instructional strategies, classroom accommodations, and specialized services. It also addresses assistive technology tools that the student may need. Finally, it provides guidelines on how to measure progress. It also establishes a framework for regular review every school year.

IDEA Gets Parents Involved

IDEA is not merely an education statute. It's a declaration of civil rights for students with disabilities. Parents play a critical role as an advocate for their child's rights and needs. IDEA places these parents or guardians front and center of the individual education process. School districts and State Boards of Education have to involve parents in the decision-making process. This collaboration often begins with a referral. It might involve a child study team that assesses and identifies the student's needs.

Parents may discover certain developmental disabilities in early childhood. They may notice that developmental milestones are not met. In these situations, parents play a pivotal role in identifying disabilities. They can seek early intervention services to support their child moving forward.

This collaboration continues with the Office of Special Education in the formulation of the child's needs as they get older. In secondary schools, students prepare for the transition after high school. This can be to post-secondary education, the workforce, or independent living. Parents again play a crucial role in setting goals and planning for the future. Whether the child attends public or private schools, the principle remains unchanged. Parents have a seat at the table.

Parental involvement is a key component of IDEA. Parents have the right to be part of the IEP team. Being part of the team gives parents the ability to track their child's needs. Procedural safeguards also provide protections for parents' rights. This allows for dispute resolution and due process hearings if disagreements arise.

State Educational Agencies

IDEA shifts responsibility to state education agencies. These agencies play a crucial role in overseeing IDEA's implementation statewide. These agencies must promulgate a complaint procedure that provides the following services:

• Receive and resolve complaints against state or local education agencies
• Review appeals from decisions about a local education agency complaint
• Conduct independent on-site investigations
• Set forth a 60-day time limit to investigate and resolve complaints
• Allow time extensions only in exceptional circumstances
• Review relevant information and issue written decisions
• Provide an enforcement mechanism

If a school district is not compliant, the state agency can intervene. This ensures every child's rights are upheld.

Local Educational Agencies

Local education agencies are at the heart of IDEA. This is because these agencies have to create IEPs for each child in their locality. Local education agencies are on the front lines of implementing IDEA. They assist in enrollment to transition planning for high school students. These agencies must ensure students receive appropriate services. This can include anything from assistive technology to mental health support.

The residency of the child determines which educational agency handles their program. In some cases, determining the appropriate local agency can become difficult. This is particularly true if the child's parents live in different districts. Many states have included provisions providing that the child's residency is that of the parent.

Getting Legal Help

Navigating the intricacies of IDEA can sometimes be complex. It can be overwhelming for parents and guardians. If you believe your child's rights under IDEA are not being upheld, obtaining a lawyer can help. Some lawyers focus on accessible education law.

An experienced attorney can provide valuable advice. They can represent your family in due process hearings. They can also assist you in dispute resolution. They can also guide you through the procedural safeguards. They can inform you of protections under federal and state law.

Talk to an education law attorney about your child's education today.