{"id":354965,"date":"2016-04-04T11:01:45","date_gmt":"2016-04-04T16:01:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/special-education-and-disabilities\/special-education-and-disability-access-alleging-idea-violations.html"},"modified":"2023-10-03T12:59:20","modified_gmt":"2023-10-03T17:59:20","slug":"special-education-and-disability-access-alleging-idea-violations","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/special-education-and-disabilities\/special-education-and-disability-access-alleging-idea-violations.html","title":{"rendered":"Special Education and Disability Access: Alleging IDEA Violations"},"content":{"rendered":"\n
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Education and Disability Access: Alleging IDEA Violations<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The Individuals with Disabilities Education Act, or IDEA, is a federal law. It ensures that students with disabilities can access free appropriate public education (FAPE). A school district must provide special education and related services appropriate to each student. These services help ensure students have access to education and learn and grow in school.<\/p>\r\n

IDEA is a funding statute that provides money for children with disabilities. If a local agency fails to provide FAPE, that agency loses its federal funding. Parents of children with disabilities can seek administrative and judicial remedies for a FAPE violation. Parents can do this when they feel the education provided to their child is insufficient for meeting their child’s individual needs and requirements.<\/p>\r\n

This article briefly overviews IDEA and FAPE. It also includes details of what to do if you believe your child is suffering from a violation and not being provided a FAPE.<\/p>\r\n

A Brief Overview of IDEA and FAPE<\/h2>\r\n

IDEA ensures that students with a disability receive an Individualized Education Program (IEP). An IEP is a plan that guides a child’s education. It includes special education services tailored to the child’s needs. IDEA ensures students with disabilities learn in the least restrictive environment. This means they spend as much time as possible with peers who do not have disabilities.<\/p>\r\n

FAPE (Free Appropriate Public Education) is an essential part of IDEA. It guarantees that services are provided at public expense and under public supervision. Children in need of special education have the right to receive tailored instruction and services under IDEA. These services are designed to meet the unique needs of each child with an impairment. These services should also help prepare them for further education, employment, and independent living. FAPE assures the provision of special education at no cost to parents.<\/p>\r\n

Together, FAPE and IDEA guarantee that every child’s placement and any change of placement is decided through an IEP team meeting. This IEP team involves parents and school personnel. The team makes important educational decisions tailored to the child’s individual needs. The IEP team does this for children starting in elementary school through middle and high school. The team meets if the child is in general education or special education.<\/p>\r\n

All members of the IEP team work together to serve the child’s best interests. They help ensure that a child’s need for special education is met. Moreover, the Rehabilitation Act of 1973<\/a> in the U.S.C. works in harmony with IDEA. This Act guarantees no child with a disability is excluded from participating in federally funded programs. This includes public schools.<\/p>\r\n

How Does IDEA Work?<\/h2>\r\n

The IEP team<\/a>, including the child’s teacher and parents, works together to create the child’s IEP. They meet at least once a school year or more often if necessary. Parents have the right to be part of all IEP meetings. School personnel must provide them with prior written notice about when and where all these meetings will take place about their child.<\/p>\r\n

It’s important that all IEP meetings<\/a> and related communication are conducted in the parent’s native language or mode of communication. This ensures that parents understand the decisions made about their child’s education. These are known as procedural safeguards<\/a>. They are crucial to protecting students’ educational rights in special education programs.<\/p>\r\n

Parental consent is a fundamental part of the IDEA. This means parents must agree to the initial evaluation of their child for special education services. They must also agree to any changes to the child’s IEP. Parents who disagree with the school’s evaluation can request an independent educational evaluation. These evaluations can be done at a parent’s request or using public funds. Suppose a student with a disability doesn’t have an available or identifiable parent. They are also not a ward of the state. In that case, the school district must assign a surrogate parent to represent the child’s educational interests. If a child with disabilities is a ward of the state, the special education services and protections provided by IDEA still apply.<\/p>\r\n

An essential part of IDEA is ensuring a smooth transition from high school to post-secondary school life. Transition services should be part of every child’s IEP by age 16, including help with:<\/p>\r\n