Individuals with Disabilities Education Act (IDEA 2004)
An Overview
What is IDEA?
The Individuals with Disabilities Education Act (IDEA) is the federal law that provides for special education and related services for children, ages three through 21, with disabilities. IDEA, which is based on the Education of All Handicapped Children Act of 1975, was last reauthorized in 2004. IDEA ensures that a free and appropriate public education (FAPE) based on the individual needs of students with disabilities is available. The law also guarantees rights for children with disabilities and their parents.How does a child qualify for services under IDEA?
To be eligible for special education services under IDEA, a child must meet two requirements:- The child must have one or more of the following disabilities:
- Autism
- Deafness
- Deaf-blindness
- Hearing impairment
- Specific learning disability
- Speech or language impairment
- Visual impairment (including blindness)
- Traumatic brain injury
- Intellectual disability*
- Multiple disabilities
- Orthopedic impairment
- Serious emotional disturbance
- Other health impairment
* Formerly known as Mental Retardation. - The child’s disability must affect how he or she child does in school.
If parents (or guardians) believe that a child meets both these requirements, they should request in writing that the child’s school evaluate the child. If a school thinks a child should be evaluated, they may initiate an evaluation also. In either case, parental permission is required for an evaluation to take place, and the school must evaluate the child at no cost to the parents. If a child’s school refuses to evaluate the child, it must provide an explanation in writing. In this explanation, the school must also give information about parental rights under IDEA, including what steps to take to challenge the refusal.
A child may not be found eligible for special education services solely because of:
- limited English proficiency
- lack of instruction
What does an evaluation involve?
An evaluation is not just a simple test. When a child is evaluated, the school must consider a variety of information such as the child’s health, social and emotional well being, general intelligence, performance in school, and how the child communicates with others. Information regarding how the child responds to scientific, research-based instructional and/or behavioral interventions may also be part of the evaluation information.The evaluation should include interviews with parents, the child’s teachers and others who are close to the child. The evaluation team may include the following people:
- Parents (or guardians)
- The child’s regular teachers
- Special education teachers
- School administrators
- Someone who can interpret the evaluation results and talk about what instruction may be necessary
- Representatives from any agencies that may be paying for or providing transition services
- Other qualified professionals
Once all the interview and testing information is gathered, the team will meet to decide if the child has a learning disability and, if so, what kind of special services would be most helpful. Parents have a right to be a part of every step of the evaluation process, including deciding the child’s eligibility for special education services.
What happens if a child is eligible for special education services?
Within 30 school days of a child being determined eligible for special education services, a meeting must be held to develop an Individualized Education Program (IEP). Creating an IEP has two general goals:- To set reasonable learning goals for the child,
- To outline the services that the school district will provide and where they will take place.
The IEP must include a transition plan if the plan will be in effect when the child is 16 (or earlier if appropriate). The plan will address what services the child may need to move from grade to grade, and eventually what agencies may be involved in providing services once the child is out of the school system.
Again, it is important that parents are a part of this process, as it is their right. The child also has a right to be present, and can benefit greatly from being part of the team that designs his or her education strategy.
IDEA requires that a child be taught in the least restrictive environment (LRE) possible. This means that when developing an IEP, keeping the child in general education classrooms with children in his or her grade and age group is a priority. If appropriate, it is preferable for a child to be in a regular class with in-class services and accommodations than in a separate special education class.
Your child’s IEP must be reviewed at least once a year. Meetings can be requested by either parents or the school at any time to discuss if and how the child’s needs are being met. A child must also be re-evaluated prior to termination of special education services.
What related services does IDEA provide for?
Under IDEA, a child may be eligible for certain related services. Which services should be received is determined by the IEP team. Possible services include:- Transportation
- Speech-language therapy
- Audiology services
- Psychological services
- Physical and occupational therapy
- Rehabilitation counseling
- Orientation & mobility services
- Medical services for diagnostic or evaluation purposes
- In-school social work services
- Parent counseling & training
A child may also be eligible for assistive technology devices, such as computers or voice recognition software that can help the child learn more effectively. If the IEP team decides the child would benefit from any of these services, the school is responsible for costs including any devices and the training required to use them.
What if a parent wants to put a child in private school?
IDEA requires public school districts to provide special education and related services for all students with disabilities. If public schools cannot provide an appropriate education within the district, they must provide educational services outside the district. If the school district fails to provide an appropriate education to a student with a disability and the parent must place the child in a private school, the school may be required to reimburse parents for costs. If a free and appropriate education is available, but parents choose to enroll their child in private school, the district is not responsible for any costs.What if parents disagree with decisions made about their child?
Parents have a right to disagree with the school’s decisions regarding their child. If they are unable to resolve any disagreement in an informal way, there are formal steps that can be taken under IDEA.- Mediation: Parents and school personnel sit down with an impartial third person (a mediator) and attempt to come to an agreement.
- Due process: Parents and the school present evidence to an impartial third person (a hearing officer), and he or she makes a decision on how to resolve the issue. If the issue is not resolved, parents may continue to challenge the school’s decision in court.
For more information on IDEA, visit the IDEA Parent Guide.
Section 504 of the Rehabilitation Act of 1973
An Overview
What is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination on the basis of disability in programs and activities, public or private, that receive federal financial assistance. The law does not provide funding for special education or related services, but it does permit the federal government to take funding away from programs that do not comply with the law.How does an individual qualify as disabled under Section 504?
There is no specific mention of learning disabilities in Section 504, however the law defines a person as disabled if he or she:- has a physical or mental impairment which substantially limits one or more major life activities,
- has a record of such an impairment, or
- is regarded as having such an impairment.
Under the regulation, learning is considered a major life activity. As a general rule, if a child is eligible for services under IDEA, he or she qualifies for protection under Section 504. However, not all students covered by Section 504 are eligible for IDEA related services. Section 504 has much broader definitions of disability and so it pertains to many more people.
What does an evaluation involve?
For school-age children, if parents (or guardians) believe their child should qualify for protections under Section 504, they should contact their child’s school about an evaluation. The law mandates that an evaluation must include a variety of assessment tools that will accurately demonstrate the child’s specific areas of educational need. The evaluation process should also consider various other factors, such as teacher recommendations, physical condition, social and cultural background, behavior, and any independent evaluations. Evaluation and service decisions are made by a multidisciplinary team of people familiar with the child, who understand the means of evaluation and the special service options. Section 504 requires the use of evaluation procedures that ensure that a child is not misclassified, unnecessarily labeled as having a disability or incorrectly placed. The child must be re-evaluated periodically.What happens if a child is eligible for services under Section 504?
If a child is considered disabled under Section 504, school district personnel may create a Section 504 plan. If that child is also eligible for services under IDEA, then in most cases the Individualized Education Program (IEP) will take the place of a Section 504 plan. Some school districts use a separate form.In order to determine what kind of services would be most appropriate for a child, a team of regular and special education teachers, as well as the school principal, will meet to consider the child’s disability, how it affects the child’s education and what services would be most helpful. Parents (or guardians) should be present for all planning sessions regarding their child.
What services are available under Section 504?
Section 504 clearly states that a free and appropriate education must be made available to all qualified students with disabilities. The educational needs of students with disabilities must be met as adequately as the needs of students without disabilities.A child may be placed in regular education classes with accommodations such as a tape recorder, extended time for test taking, or special services such as after school tutoring. Modifications in academic requirements and expectations may also be considered. In each case, the individual educational needs of the child should be addressed in the least restrictive environment (LRE) possible.
What is the role of a parent under Section 504?
Under Section 504, a child’s school district must receive permission from a parent (or guardian) to evaluate the child. Parents should also ask to participate in all aspects of planning and decision-making for the child’s education.Once a child has been evaluated, the school must notify the parents (or guardians) about the results and any decisions that are made. If the parents disagree with any decisions the child’s school makes, they have the right to appeal the decision through an impartial hearing.
Note: Significant changes were made to Section 504 through passage of the Americans with Disabilities Act Amendments Act of 2008. For more information, see Understanding the Americans with Disabilities Act Amendments Act and Section 504.
Americans with Disabilities Act (ADA)
An Overview
What is the Americans with Disabilities Act of 1990?
The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that protects individuals with disabilities from discrimination in the workplace, as well as school and other settings. ADA does not provide funding for services or accommodations. The ADA was amended in 2008 when Congress passed the ADA Amendments Act to correct the narrow interpretation of disability by the courts since its passage in 1990.Who is eligible?
There is no specific mention of learning disabilities in ADA. However, the law defines a person as disabled if he or she:- has a physical or mental impairment which substantially limits one or more major life activities,
- has a record of such an impairment, or
- is regarded as having such an impairment.
Under the law, learning is considered a major life activity. This applies to learning disabilities that affect work activities, too. If a student is eligible for services under Individuals with Disabilities Education Act of 1997 (IDEA), he or she qualifies for protection under ADA.
ADA and school
ADA mandates that reasonable accommodations must be provided to eligible students “to perform essential functions of the job.” In other words, a school is required to provide a student with disabilities with those accommodations that help him or her learn most effectively. The requirements this law sets for schools are similar to the expectations set in Section 504 of the Rehabilitation Act of 1973.Unlike Section 504 and IDEA, ADA does not make schools responsible for the free and appropriate education of all children. However, the protections that are guaranteed by ADA apply to public and private schools equally. These protections do not extend to organizations controlled by religious groups.
ADA and the workplace
ADA prohibits discrimination against “qualified individuals with disabilities” in all employment practices, including job application procedures, hiring, firing, advancement, compensation and training. A “qualified individual with disabilities” is an employee or job applicant who meets all legitimate skill, experience, education and other requirements of a position and can perform the essential functions of the position with or without reasonable accommodation.An employer may not ask about a learning disability, with one exception. If an employer has affirmative action requirements as part of a federal contract, a job applicant may be asked to “self-identify.” However, the employer must keep all information regarding disabilities in a separate, confidential file apart from regular personnel files.
If an employee requires accommodations in order to perform a job, he or she must disclose information about the disability and the need for specific accommodations to the employer. Even after disclosure, an employer is not required to make an accommodation that would prove an “undue hardship.”
The safeguards regarding discrimination against individuals with disabilities are under the same procedures applicable to race, color, sex, national origin and religious discrimination under the Civil Rights Acts of 1964 and 1991. Complaints against employers who violate the ADA should be filed with Equal Employment Opportunity Commission or the designated state human rights agencies.
For more information see Understanding the Americans with Disabilities Act Amendments Act and Section 504.
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