Individuals with Disabilities Education Act (IDEA)

Education has always been a crucial aspect of the Civil Rights Movement. Before being outlawed by the US Supreme Court in 1954, racial segregation in schools was the norm. During that time, many states also had laws barring children with various types of disabilities, including children who were blind, deaf, or perceived to be intellectually disabled or with a mental health disability, from attending public schools or attaining public education. However, this changed with the enactment of the Education for All Handicapped Children Act (EHA) in 1975, which was later changed to the Individuals with Disabilities Education Act (IDEA).

Prior to the enactment of EHA, more than 4 million children with disabilities in the US had no access to public schools. To put this in perspective, only 1 in 5 children with disabilities had access to public schools. Most of these children received either limited or no educational or rehabilitation services from the government. Worst still, 3.5 million children were able to attend public schools, but were segregated from other children and received close to no effective instruction!

With the enactment of EHA, and later IDEA, more than 6 million children with disabilities receive special education and related services within public schools.

What is IDEA and when did it start?

IDEA is a US federal statute that governs the education of students with disabilities and related services. It was put in place to ensure that public schools serve the educational needs of students with disabilities by providing them with special education services. This law has very specific requirements, the main focus of which is to guarantee a free appropriate public education (FAPE) to these students. The law also ensures that the unique needs of students with disabilities are met as they are prepared for higher education, employment, and of course independent living.

IDEA requires public schools to provide a notice to parents of students with disabilities, containing a complete description of procedural safeguards, as provided within IDEA, and the US Department of Education, or any other regulation governing the education of students with disabilities. This statute also requires all states to issue regulations and guidelines to govern the administration of the federal law within their jurisdictions.

Since 1975, EHA has undergone various amendments (1983 and 1990), and in 1997 its name was changed to the Individuals with Disabilities Education Act (IDEA). When first enacted into law, EHA lessened the financial burden brought on public schools by the Rehabilitation Act of 1973. It required all public schools within the US to evaluate children with disabilities, and provide a proper educational plan for the children, with the input of their parents. From the beginning, the intention of IDEA was to give children with disabilities the educational experience that would put them on par with non-disabled students. For example, this law requires children with disabilities to be placed in the least restrictive environment (LRE), so as to foster their interaction with non-disabled students.

The 1997 law also supported the transition of children with disabilities from high school to adult living. As a result, IDEA now includes Individualized Education Programs (IEP), which includes transition plans for these children into adulthood, by identifying suitable employment and post-school living. In other words, it places more focus on the individual, not on the condition of the individual.

The most recent revision to IDEA came in 2004, where in addition to a number of improvements on EHA, the focus was to ensure that IDEA kept pace with technological advancements. For example, it was changed to conform to the updated Assistive Technology Act, which was passed just a few months before the revision of IDEA. IDEA now promotes research and technology development, offers more details on transition from childhood to adulthood, and advocates for children to be educated in their neighborhood schools, and not in separate classrooms.

What are the 4 Parts of IDEA?

As noted, the latest reauthorization of IDEA contains a number of changes that promote the development and use of assistive technologies. It underlines the importance of integrating technology into the classroom, so as to enhance the educational curriculum for students with disabilities. Just like the original EHA, IDEA is divided into four parts.

Part A lays out the basic foundation for the rest of the act, and is largely administrative. Part B entails educational procedures for individuals with disabilities, aged 3 through 21. Part C deals with infants and toddlers with disabilities, and provides guidelines for early intervention. Part D entails national activities, such as grants from the federal government and other government institutions, as well as from non-governmental organizations (NGO), for-profit companies, and other entities that are concerned with improving education for individuals with disabilities.

Part A (General Provisions)

Concerned with general provisions and administrative issues, Part A revolves around congressional findings relevant to the act, and the definition of these issues. These definitions and findings are of great importance in the sense that they offer guidelines for the interpretation and use of IDEA. Some of the most important definitions include: child with a disability, free appropriate public education, specific learning disability, local educational agency, individualized education program, special education, agency related services, transition services, supplementary aids and services, and extra costs.

The most fundamental component of Part A revolves around new findings, which support the development and deployment of technology in the classroom. It includes the development and use of assistive technology devices and services with the aim of maximizing educational access for individuals with disabilities. In order for IDEA to conform to the provisions of the Assistive Technology Act to enhance educational access for individuals with disabilities, a list of related services is incorporated into the law so that there is uniformity. For example, Part A stresses the significance of designing and delivering products and services that can be used and accessed by a variety of people, and still directly offer a wide range of functional capabilities even without the use of assistive technologies. These products and services should be flexible enough to be accessed, operated, and used with assistive technologies.

The provisions of Part A also stress the importance of expanding and enhancing ways in which special education teachers can ensure that requirements established by the No Child Left Behind Act (2001) are fully observed. This includes the revision of the definition of specific learning disability to a “disorder in one or more of the basic psychological processes required in understanding how to use language, spoken or written.” These definitions generally exclude earlier definitions of disorders, given that this statute is more concerned with individuals and not their disorders. In essence, Part A is in place to ensure that this law has positive effects on the education of individuals with disabilities, and on making education as accessible to them as to non-disabled children.

Part B (Special Education Services)

Part B revolves around funding that the federal government offers to states for special education of children with disabilities. As a condition for this type of funding, states must provide FAPE to children with disabilities, starting at age 3 and until they turn 22. All school districts must locate, identify, and evaluate all children with disabilities, and determine those eligible for special education and related services. Each eligible student must receive an Individualized Education Program (IEP), developed by an IEP team, so that specific special education is provided to meet the needs of each student. This part of IDEA also offers guidelines for procedural safeguards, to protect the rights of children with disabilities, as well as those of their parents. It also provides grants to states for preschool programs for children with disabilities aged 3 to 5.

In addition to setting standards of qualifications to be observed by personnel offering various special education services, Part B is integral in harmonizing IDEA with the No Child Left Behind Act. For this reason, this part of the law clearly states that children with disabilities must undergo statewide assessments to determine eligibility for special education. Basically, Part B stipulates that Local Education Agencies (LEAs) must put funds provided under IDEA to use, even if only a single child will benefit from the allocation of those funds.

Part B also establishes the National Instructional Materials Accessibility Standards (NIMAS). This is a standardized or uniform file format that is used to provide instructional materials in digitized formats. Each state must adopt and implement NIMAS to ensure that all public schools provide instructional materials to students with print disabilities, such as students who are blind. Each state also has the option of partnering with the National Instructional Materials Access Center (NIMAC). In short, states should coordinate with NIMAC to ensure that instructional materials used in schools, or purchased directly from publishers, are produced in NIMAS-required formats.

Last but not least, Part B of IDEA offers guidelines on how disputes, between schools and children with disabilities and their parents, can be solved. For instance, the law stipulates that students who violate school codes must remain under temporary placement awaiting an appeal hearing, which must occur within 20 days. To avoid disputes, it is generally advised that schools and parents of children with disabilities should give mediation a chance whenever a dispute arises. In fact, if a parent proceeds with his or her complaint, the law stipulates that the school may have the right to recover attorney’s fees if the complaints are deemed unfounded.

This part of the law is quite important in the sense that it provides funds to support the development and use of assistive technology in enhancing learning and maximizing accessibility for students with disabilities.

Part C (Early Intervention Services)

This part of IDEA recognizes the need and importance of identifying and reaching infants and toddlers with disabilities. It entitles families to suitable, timely, and multi-disciplinary intervention services. Families should receive an Individualized Family Service Plan (IFSP), which lays out priorities, resources, and concerns of the family.

Part D (National Activities to Improve Education of Children with Disabilities)

Part D of IDEA governs competitive grants aimed at enhancing the education of children with disabilities on a national level. This part of the law includes state personnel development, support to improve results for children, as well as model demonstration projects, technical assistance, and dissemination of information.

In terms of competitive grants, State Educational Agencies (SEAs) are offered competitive grants to help improve their systems, prepare their special education personnel, and improve education for children with disabilities in general. Other education entities such as LEAs and Institutions of Higher Education (IHEs) are also offered competitive grants to improve their systems. Lastly, competitive grants are offered to NGOs to develop information centers, and educate parents of children with disabilities on various issues, including the importance of early intervention and special education.

IDEA offers various competitive grants that can be used to integrate universally designed technologies and improve technological resources in the lives of children with disabilities. This part of the law requires the Department of Education to develop a comprehensive research plan to improve the use of technology by children with disabilities, both at school and at home.

IDEA revolves around six foundational principles

Principle 1 – Free Appropriate Public Education (FAPE)

IDEA stipulates that every child with a disability is entitled to special education and related services as part of FAPE. This is designed to ensure that each child’s special and unique needs are met as he or she is prepared for further education, employment, and independent living as an adult. For this reason, all public schools are required to prepare individualized IEPs to offer students with disabilities meaningful educational benefit, including improving student expectation, offering suitable progress, as well as appropriate transition from early education, to further education, and independent living as an adult. The law clearly states that it is the responsibility of public and local school boards to ensure that FAPE is accessible to every student with a disability. Some of the provisions of FAPE include:

The provision of special educational services using public funds and under public supervision.
Special education and related services provided for students with disabilities should be up to the standards set by the State Department of Education.
Parents of children with disabilities should not incur any cost related to the provision of special education and related services to their children, except for the normal costs charged for all students.
Special education and related services should be designed specifically to meet the unique needs of each eligible student.
Special education and related services must be provided to eligible students even if they are suspended or expelled from school.
Special education and related services must be provided to eligible children from preschool through high school, as long as the students are between 3 and 21 years of age.
Special education and related services should be provided to eligible students in accordance with the formulated IEP.
There is only one education curriculum for all students, whether disabled or non-disabled, and therefore IEPs should be designed to meet the criteria of one curriculum for ALL students.

Principle 2 – Appropriate Evaluation

This principle stipulates that all public schools must conduct appropriate evaluation of students suspected of having any disability. An appropriate evaluation must be carried out with a team of professionally trained evaluators, who must use suitable evaluation materials, and follow appropriate procedures when administering evaluation, which must be carried out impartially and without discrimination.

This principle also specifies that children must not be subjected to unnecessary or inappropriate assessment. Each evaluation or testing must therefore be focused on the child’s education and well-being, now and in the future. At the end of the evaluation, recommendations must be made as to whether or not the child needs special education and if so, how it should be implemented. The following provisions must be provided under appropriate evaluation:

Parents must offer their informed consent on any evaluation to be carried out on their child(ren).
Evaluators must use appropriate tools and strategies to attain developmental, functional, and academic information on the child(ren).
The child must be evaluated in all areas suspected of disability.
The instruments used in evaluating the student must be technically sound, in the language of the child, and non-discriminatory.
Evaluation must be carried out within 60 days of the parent giving consent.
A new or updated evaluation can be carried out at the request of the parent, or if there are concerns that one is needed.
A comprehensive re-evaluation must be carried out every three years, unless both the parents and educators are in agreement that it is unnecessary.
Parents have the right to seek independent evaluation at any time, at their own expense.

Principle 3 – Individualized Education Program (IEP)

IEP was incorporated in IDEA to ensure that every child with disability can fully and easily access FAPE. This is accomplished with an IEP, written by an approved IEP team, that draws upon the appropriate evaluation of the child so as to meet the child’s unique educational needs. This requires the IEP to include information on the child’s current educational level or performance, benchmarking objectives, annual goals, and services and supplementary aids that the child should receive. It should also offer comprehensive explanations of why a child might not be participating in the general classroom.

An IEP will set the course for the student’s special education, progress, and transition from one stage to another. The IEP also takes into consideration the strengths of each child, the concerns of the parents and the child, as well as specific academic, developmental, and functional needs of the child. The Principle of IEP stipulates:

Both the parent and child must be fully and meaningfully involved in the development of the IEP, and any further revision that may be required from time to time.
The IEP must be designed in such a way that meaningful progress in educational, developmental, and functional achievement is offered to the student.
The IEP must be structured with measurable goals and objectives.

Principle 4 – Least Restrictive Environment (LRE)

IDEA emphasizes the need to place children with disabilities in a general education setting, or in the same environment as their non-disabled counterparts. LRE is in place to ensure that placement in the general education setting is guaranteed. As such, this principle gives room for various factors such as classroom modifications, alternative instructional techniques, and supplemental aids and services. The IEP team is tasked with determining whether a student can be suitably educated in the general education setting. The team must also determine the kind of LRE that each student requires outside the general classroom. The principle of LRE stipulates that:

A student can only be placed in a setting outside the general class setting if justified by the student’s individual disability-related needs.
Supplementary aids and services must be provided to students with disabilities in the general education setting.
Students with disabilities must interact and have full access to non-disabled students of the same age group.
Students with disabilities must be included in art, music, school trips, physical education, and any other extracurricular activity as provided by the school.
There must be placement options to meet the unique need of students who may require further specialized treatment, for example residential placement.
Funds must never be a reason for more restrictive placement of any student.

Principle 5 – Parents’ Full Participation in Decision-making

IDEA calls for the need of parents’ full participation in decision-making regarding their child’s special education from appropriate evaluation to IEP and LRE decisions. This principle stipulates that educational agencies, whether at the state or local level, as well as local school boards, must ensure that the parents of a child with a disability fully partake in any project or group that makes decisions pertaining the child’s special educational needs.

This principle gives the parents the right: to equal and full participation in these processes, to be notified of planned evaluation, to access planning and evaluation materials, and to participate in all meetings related to their child’s special education program. It also gives the parents the right to turn down further evaluation of their child, and the right to seek independent evaluation. In short, this principle deems the parents as equal participants and decision-makers in any process regarding their child. Therefore, the parent must be involved in:

Developing, reviewing, and revising the IEP.
Making educational placement decisions.
Transitioning plans and services offered to the child from the age of 14.
Determining the type of data that can be collected during evaluation.
Reviewing any data collected from the evaluation.
Ensuring that evaluation is carried out appropriately and in a non-discriminatory manner.

Principle 6 – Procedural Safeguards

IDEA recognizes the importance of procedural safeguards and put these in place to aid parents and students in enforcing their rights as provided within this federal statute. Generally, procedural safeguards protect the rights of parents to access any information regarding placement and transition plans for their child(ren). These safeguards give parents the rights to review all educational records relating to their child and receive timely notices to meetings on their child’s identification, evaluation, and placement. It also provides procedures in the event that a dispute or disagreement occurs between the parents and the school concerning any part of the student’s special education, such as evaluation, IEP, and placement. These safeguards also give parents the right to seek Independent Educational Evaluation (IEE) if they deem it necessary.

In the event that a disagreement arises between the parents and the school, procedural safeguards give parents the right to request mediation or hearings at the state level or even beyond, and may appeal the decision of the state or federal courts at the Supreme Court. In summary, these procedural safeguards provide that:

Parents have the right to receive notice of any issue or information about special education.
Parents must be given a written notice of IEP, or any other meeting relating to their child.
Parents are entitled to access their child’s educational records, obtain copies of the same, and give their opinions regarding their child’s evaluation, IEP, or placement.
Parents must be given a timely notice in the event that the school is planning to change the educational programming or placement of their child.
In the event of a dispute, parents are given a mediation process in various platforms, including a resolution facilitator process, a mediation conference, a formal written complaint, or a due hearing process.

What are the 13 Categories of IDEA?

IDEA lists 13 categories under which a student with a disability can be considered eligible for special education and related services as long as they are between the ages of 3 and 21. The categories are:

Deaf-blindness – These are children with both hearing and visual impairments. Their communication and other needs are extreme, in that they cannot be met using standard programs for the deaf or blind.
Autism – Even though it may cover various symptoms and skills, it largely affects social and communication skills of the child and can also affect behavior.
Emotional disturbance – Can include various disorders such as anxiety disorder, bipolar disorder, schizophrenia, depression, and obsessive compulsive disorder.
Deafness – Severe hearing impairment to the point that they cannot process language through hearing.
Intellectual disability – Below-average intellectual ability that may include poor communication, reading, social, and self-care skills. For example, Down syndrome.
Hearing impairments – Any hearing loss that is not covered in deafness, such as loss of hearing that can fluctuate at given times.
Blindness or visual impairment – Refers to vision problems that can range from partial to full blindness. A child will be ineligible if eyewear can correct the vision problem.
Orthopedic impairment – Refers to any type of impairment on a child’s body.
Multiple disabilities – Refers to a child having more than one disability, as stipulated in IDEA.
Specific learning disability – This is an umbrella term that covers various learning issues, and can affect the child’s writing, learning, speaking, or listening abilities. These include: dysgraphia, dyslexia, auditory processing disorder, dyscalculia, nonverbal learning disability, and many others.
Traumatic brain injury – Refers to any type of brain injury sustained through an accident or a physical force.
Speech or language impairment – Refers to a number of communication problems, such as impaired articulation, stuttering, and voice or language impairment.
Other health impairment – Refers to any condition that largely limits a child’s alertness, energy, and strength.

Who is covered under IDEA?

According to IDEA, a child with any of the 13 IDEA categories of a disability is eligible for special education and related services.

How is IDEA Funded?

When IDEA was passed into law in 2004, Congress stipulated that the federal government would cover 40% of the extra costs of special education for children with disabilities. However, this promise has never been fully realized, with funding from the federal government fluctuating from year to year. For instance, the federal government covered 14.6% of special education extra costs in 2017, and 19% in 2018. States are expected to cover the remaining percentage, as parents are cushioned by law from funding any form of special education program.

Conclusion

IDEA is a crucially important federal law that enables individuals with disabilities to access education that they need to thrive now and later in life as adults. Given that special education is a complicated issue, this statute offers guidelines for educators and parents on how to implement special education for students with disabilities. It is a law that gives children and their parents, rights to various issues within special education. This law also supports the development and use of assistive technologies in education.