The Individuals with Disabilities Education Act (P.L. 101-476).
IDEA is a federal law that guarantees a free and appropriate public education for every child with a disability. This means that if you enroll your child in public school, his/her education should be at no cost to you and should be appropriate for his/her age, ability and developmental level. IDEA is an amended version of the Education for All Handicapped Children Act (P.L. 94-142), passed in 1975. In 1997, IDEA was reauthorized (P.L. 105-17), further defining children's rights to educational services and strengthening the role of parents in the educational
(These regulations apply to students of all ages pre-school, primary and secondary education).
A Guide to the Individualized Education Program
It is a federal law that each child deserves and will receive an education. However, there are variations on how this is accomplished in each state. Your local school system can provide you with your states rules and regulations. Your states department of education, an advocacy group or even your local library will have this information for you as well.
National Dissemination Center for Children with Disabilities NICHCY Guide to State Resources
Special Education regulations contain many detailed requirements: deadlines, notification, and consent requirements, rules on who should attend meetings, who should evaluate, etc. Keep in mind that following each rule to the letter is far less important in the end than serving the educational needs of your student. Be ready to give your school reasonable leeway on procedural matters while still pressing firmly and steadily on quality programs and services. (Remember, you can be reasonable about postponements and delays while making sure that meetings, evaluations and other needed steps still occur early enough in the school year to be underway for your student before he/she falls too far behind.)
Determining Placement
Determining the most appropriate placement for your child is a two-step process:
Prioritize Issues.
Understand the order of importance of each of your child’s needs and which services or parts of a program can be de-emphasized to achieve the best goal in the end. Understanding the priorities and being willing to give up some things that are low priority, often helps resolve a case and helps preserve the relationship of the school and parent for future changes that may be needed.
Share all information with your school.
If your school needs more information on your child’s health situation, share it. If they request more information on past years in school, share that information. Remember, they need to know what to expect in order to understand why you feel certain services need to be provided.Document everything and keep all documents.
Keep a record of every communication with your school.
Be familiar with and understand
“Least Restrictive Environment” (LRE).
Special Education law requires that services be delivered in the least restrictive appropriate environment possible, meaning the setting closest to the regular education program.The IDEA sets up procedural guidelines to ensure a free appropriate education in the least restrictive environment tailored to each child's individual needs.
The law begins with the assumption that, to the maximum extent possible, children with disabilities should be educated with their non-disabled peers. Once the child's needs are assessed and necessary services and supports are determined, the placement options should begin with the regular or inclusive classroom. Children with disabilities do not have to start in a more restrictive or separate class and then "earn" the right to move to a less restrictive placement. If it is found that a regular education classroom would not meet the child's needs, even with support services, then another option may be pursued. Keep in mind that the child with a disability must benefit from the placement. The child should not be "dumped" in a classroom where the child is not receiving an appropriate education.
The law specifies that educational placement should be determined individually for each child, based on that child's specific needs, not solely on the diagnosis or category. No one program or amount of services is appropriate for all children with disabilities. A safe educational environment is important for all children. School safety concerns are addressed in IDEA. Educational services cannot be withheld as a disciplinary remedy. While students with disabilities may be suspended for disciplinary concerns that would also apply to general education students, educational services must continue at all times, even when a student is expelled for behavior not associated with his disability.
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