Individuals
with Disabilities Education Act (IDEA)
- Description
IDEA is a federal statute that was created to
ensure that children with disabilities as defined under the law (see section
‘Who is eligible for Services’) receive access to a Free Appropriate Public
Education (FAPE) in their Least Restrictive Environment (LRE). All public
schools that receive public funding must abide by the requirements of IDEA. Children
protected under IDEA have a set of rights. Parents should become familiar with requirements
in order to enhance a child's benefit from the educational system. These rights are
outlined in detail in accordance with IDEA’s six main principles. This list of
rights is not exhaustive. Parents are encouraged to ask their local school
PPS administrator or principal any questions.
- Six Principles of IDEA: A Broad Overview of the
Act
- Zero Reject: All children have a right to
special education, including homeless children, children that have a family
history of truancy, children of illegal migrant workers, and wards of the stat.
It is the responsibility of
appropriate public agencies to find children eligible for services, assess and
provide them with their special educational needs.
- Eligibility and Evaluation: A multidisciplinary,
multifaceted and nonbiased team must conduct evaluations. Evaluations occur
before placement and before classification of a disability. This requires
parental consent.
- Free Appropriate Public Education (FAPE): Each
child protected by IDEA is provided a Free Appropriate Public Education (FAPE)
guided by services and goals outlined in annually updated Individual Education
Programs (IEPs) that provide educational benefit.
- Least Restrictive Environment (LRE): Placement
of a child with a disability must be looked at along a continuum to ensure that
the final placement is in the LRE, whether it be the general education
classroom full time or part time.
- Parental Participation: Parents must give
consent for initial evaluation and services. They are valued members of the
evaluation team and can provide information on the child since they are viewed
as experts.
- Procedural Due Process: If a parent feels
the needs of their child are not being met by the school district, they may pursue a resolution or mediation process. Ultimately, the parent may present facts before an impartial hearing officer. During this process, the child will continue to receive IEP
services. The Assistant Superintendent for PPS, Pam Kazee, is available to answer questions regarding these procedures.
- Who is eligible for services?
According to IDEA, a child diagnosed with
one or more of the following disabilities are eligible for IDEA services if their
educational needs are not being adequately met without services. These disabilities
include: autism, deaf/blindness, emotional disorders, hearing impairment and
deafness, mental retardation/intellectual disability, multiple disabilities,
orthopedic impairment, other health impairments, specific learning
disabilities, speech or language impairment, traumatic brain injury, visual
impairment/blindness and young child with a developmental delay. Also, because
of the above, the student must need special education and/or related services.
It is important to note that not all students that have a disability require
special education or related services. These same students may qualify for
Section 504 Plan or other types of support services.
- Who provides the services?
Depending on the needs of the child, there are
any number of staff who deliver services. The roles of
each of "related service" professions are described as follows:
- Speech
Language Pathologist (SLP): a licensed professional that provides services in
strengthening a child’s communication abilities. Some of the needs addressed
include work on expressive and receptive vocabulary. In addition to verbal
communication needs, SLPs also address non-verbal communication needs.
- Occupational
Therapist (OT): a licensed professional that helps students participate in activities they want and need to do through the provision of supports and interventions. Interventions may include engagement with their school tasks, keyboarding skills, use of adaptive equipment, access to a computer, etc.
- Physical
Therapist (PT): a licensed professional that helps maximize the child’s ability
for movement, coordination and function.
- School
Psychologist: a licensed professional that works collaboratively with teachers
and the student to assist with academic and behavioral needs of the child.
- School
Social Worker (SW): a licensed professional that provides social/emotional support to
the student and their families.
- What is the difference between IDEA and Section 504 and the Americans with Disabilities Act (ADA)?
- What are 504 and the ADA?
504
refers to Section 504 of the Rehabilitation Act and the Americans with
Disabilities Act (ADA). The purpose of Section 504 is to ensure that all people
with a disability are not discriminated against because of their disability.
All institutions that receive federal funding are required to abide by Section
504 regulations.
- What is the process for getting a 504 plan for
my child?
First,
the definition of a disability under Section 504 and the ADA is more broad than
that defined by IDEA. A disability under Section 504 and the ADA means that the
student has a physical or mental impairment that affects one or more major life
activities such as walking, breathing, or hearing. There must also be a record
of the disability and the individual must be regarded as having the impairment.
Thus, all students covered by IDEA automatically qualify for Section 504/ADA,
but not all Section 504/ADA students qualify for IDEA. The process of getting a
504 plan is similar to that of special education under IDEA in that there is a
procedural protocol, but the process is not nearly as stringent as IDEA
protocol. Further, ADA does not outline specific processes for education;
rather it provides additional protection for those seeking accommodations due
to their disability to aid them in performing integral job functions.
- How is this different than IDEA?
Under
Section 504 of the Rehabilitation Act, protections apply to all children with a
disability. Further, Section 504
applies not only to the educational setting, but also to all aspects of the
disabled persons’ life including employment and transportation. In comparison, IDEA
has age limits and requires both a demonstrated disability and need for special
education services. With a 504 plan, there are no age restrictions and no need
to illustrate a need for special services. Instead, a series of modifications
and/or accommodations are made to the student’s educational experience. Some
common accommodations are: more time on tests, enlarged print in text books,
preferential seating. Under IDEA,
written notice before any change of placement is required, yet not required under
504.
Special Education Policies and Procedures and Section 504 Procedural Safeguards