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Legal Ease!
We continue with our three part overview series on ADA, IDEA, and Section
504. Professional guidance is recommended when entering into any legal
confrontation.
Part II:
Individuals With Disabilities Education Act (IDEA)
What is the purpose?
IDEA is an educational act providing federal financial assistance to
state and local education agencies in order to guarantee special education
and related services to eligible children with disabilities.
Who is protected?
Children ages 3-21 who are determined by a multidisciplinary team to
be eligible within one or more of 13 specific categories of disability
will qualify for special education and related services and are protected
under the law.
Is the school agency responsible for providing a Free, Appropriate Public Education (FAPE)?
All students including those qualified for Special Education have the
right to a FAPE under the law. Special education means “specially
designed instruction, at no cost to the parents, to meet the unique needs
of the child with a disability.” Related services also are provided
if students require them in order to benefit from the specially designed
instruction. States are required to ensure the provision of ‘Full
Educational Opportunity’ to all children with disabilities.
What are the procedural safeguards?
IDEA requires that written notice be given to parents regarding identification,
evaluation, and/or placement of their child. Further, written notice must
be made prior to any change in placement. The act delineates the required
components of the written notices.
Adapted from the Kids Source Information Online.
In the News:
The House Overwhelmingly Passes Sweeping Education Reform Bill.
Part of the bill will allow parents new options when a poor-performing
school has failed to make sufficient progress over time. After two consecutive
years of not making adequate progress, a school would have to provide
public school choice. After three years, parents could direct a portion
of the schools Title I aid to pay for private tutoring.
www.edweek.org