{"id":354966,"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-individuals-with.html"},"modified":"2023-11-14T18:26:18","modified_gmt":"2023-11-14T23:26:18","slug":"special-education-and-disability-access-individuals-with","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/special-education-and-disabilities\/special-education-and-disability-access-individuals-with.html","title":{"rendered":"What To Know About the Individuals With Disabilities Education Act (IDEA)"},"content":{"rendered":"\n
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What To Know About the Individuals With Disabilities Education Act (IDEA)<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\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 (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. <\/p>\n

Today, thanks to IDEA, accessible education services in public schools have transformed. Some schools, organizations, and laws still refer to the term \u201cspecial education,\u201d 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. <\/p>\n

This article provides a brief overview of IDEA in America.<\/p>\n

The State of Education Before IDEA<\/h2>\n

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.<\/p>\n

The Rehabilitation Act of 1973<\/a> marked an early attempt to rectify some of these injustices. Specifically, Section 504<\/a> 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.<\/p>\n

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.<\/p>\n

IDEA: A Brief Overview<\/h2>\n

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<\/a> (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.<\/p>\n

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

Contained within the United States Code<\/a> (U.S.C.), IDEA works hand-in-hand with other laws. For example, it works in tandem with the Americans with Disabilities Act<\/a> (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.<\/p>\n

IDEA Court Cases<\/h3>\n

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.<\/p>\n

One notable case is Luna Perez v. Sturgis Public Schools<\/i><\/a> (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. <\/p>\n

The case underscores the importance of providing services to a student that address the unique needs of that student.<\/p>\n

Another landmark case is Endrew Joseph v. Douglas County School District<\/i><\/a> (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 \u201creasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances."<\/p>\n

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.<\/p>\n

IDEA Focuses on Federal Funding<\/h3>\n

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.<\/p>\n

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.<\/p>\n

IDEA Gives the Right to Free Appropriate Public Education<\/h3>\n

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.<\/p>\n

IDEA defines FAPE as including education support and related services. These are provided at public expense and under public supervision and direction.<\/p>\n

Free appropriate public education must also:<\/p>\n