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Individuals with Disabilities Education Act (IDEA)

The IDEA was originally passed in 1975 as the Education for All Handicapped Children Act to address an important problem: more than one-half the children with disabilities in America were not receiving appropriate educational services at the time. Since that time, through regulation, case law, and statutory amendments, schools have come under an increasing burden for a growing population of children termed "disabled." Ninety percent of children now classified "disabled" suffer lesser disabilities such as a specific learning disability, speech and language delays, mild mental retardation, or an emotional disorder. Experts estimate that $35 to $60 billion is spent annually to provide special education services in compliance with the IDEA. The 1997 amendments attempted to address a need to place higher expectations on disabled children and an increased role for parents. To date, Congress has not taken action on the 2004 reauthorization.

The obligations of schools under the IDEA are staggering:

  • The Act requires states to provide "a free and appropriate education" (FAPE) to all eligible children ages 6-18, and children ages 3-5 and 18-21, where it is not inconsistent with state law. The state is required to identify, locate, and evaluate all children with disabilities;
  • Once identified, each child must undergo a non-discriminatory evaluation by their Individualized Education Plan (IEP) team, which consists of a special education teacher; a regular education teacher, when appropriate; the parents; and a school representative "who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities."(20 U.S.C. 1414(d)(1)(B));
  • If the parents disagree with the evaluation they may have an independent evaluation done at public expense. The school may, through a due process hearing, show that the initial evaluation was adequate. If the school wins, the parents must pay for the independent evaluation;
  • Reevaluations must be performed at least once every three years. A child will be considered disabled until the same evaluation process determines that they are not disabled;
  • Children must be placed in the "least restrictive environment," with preference for full integration into an educational setting with non-disabled children, otherwise known as "mainstreaming";
  • Any removal from full integration must be justified in the child's IEP;
  • In order to provide the least restrictive environment the state education agency must provide a continuum of services including regular classes, special classes, special schools, home instruction, and instruction in residential settings. Local and state education agencies must also provide supplementary aids and services necessary for a child to remain in the least restrictive environment;
  • Additionally, the agencies must provide related services, assistive technology, and transitional services. The state must maintain a comprehensive system of personal development, using state standards, to ensure adequately trained personnel;
  • The 1997 amendments provide that if a public school system places a child in a private school because they cannot provide the child with a FAPE, the state must provide funding for that education. The local school is not required to pay if the child is placed in a private school without the consent or referral of the local education agency. A hearing officer can determine that the public school did not make a FAPE available in a timely manner and require reimbursement, but the parent must have provided notice;
  • In disciplinary matters, schools may impose up to ten day suspensions on a child with a disability for any reason "as long as it is done consistently with how a child without a disability would be disciplined." See our chart How Do I Suspend a Special Education Student;
  • A new provision allows the removal of children with disabilities for up to 45 days to an interim alternative educational setting (IAES) due to violations involving drugs or weapons. In addition, if a child is viewed as a potential threat to himself or other students the school may seek a due process hearing officer's approval to remove the child for up to 45 days to an IAES;
  • The school may not implement a "change of placement" (defined as a suspension of more than ten days or a pattern of removals) if the offending behavior is a "manifestation of the child's disability." The child's IEP team will meet to determine whether the behavior was a manifestation. If the child's placement is changed due to behavior that was not a manifestation the state must still provide a free and appropriate education in another setting;
  • There is also an apparent rebuttable presumption that positive behavioral interventions and strategies are favored over aversive intervention, where delivery of pain or humiliation is the goal;
  • Parents or students, upon reaching 18, may appeal, including civil action in state and federal courts, any decision made by the IEP team regarding identification, evaluation, placement, manifestation determinations, or provisions for a free and appropriate education;
  • Any due process hearing is paid for by the state or local education agency and the parent may recover attorney's fees if he/she wins;
  • While any complaint is being resolved the placement of the child may not be changed, outside of the provisions regarding discipline and the IAES's. In the 1997 amendments, provisions for encouragement of state funded mediation were put in place, but mediation can only take place with the parents' consent;
  • A copy of procedural safeguards must be provided to every parent. All records relating to the provision of a FAPE must also be provided to the parent. Parents are to receive written notice of any changes to identification, evaluation, or placement;
  • Part C of the IDEA governs early intervention programs for children from birth to two years old. Eligible children include infants and toddlers with disabilities or delays in development. States may, at their discretion, include infants and toddlers at risk of developmental delays;
  • Under Part C, children must be given a multidisciplinary assessment, and if found eligible for services, an Individualized Family Service Plan, very similar to an IEP, will be created. The children will be eligible and entitled to many of the same services provided for older children;
  • The final section of the act encompasses mainly grants states may receive, research funding, personnel training, and early intervention training in the community.

See general information on the IDEA here, an IDEA "litigation log" here, and Wrightslaw's website on the IDEA and special education here.

See also, "Keeping Your District From 'Disciplining' Your Child For 'Up To Ten Free Days' At A Time" by Reed Martin, J.D. Some of the advice:

"Does your school tell you they can do anything they want to do to your child so long as it is not for more than 10 days? That is a perfect example of a school administrator, faced with 100 pages of statutory amendments, 111 pages of regulatory changes, and 26 pages of a new Appendix A, missing everything that helps children and focusing on one sentence fragment that suggests they have a free hand for anything less than 10 days."

Click here to learn about a Special Education Dictionary with "more than 1,400 terms used in the special education field. Each word or phrase is broken down into a concise, easy-to-understand explanation with cross-references to related special education terms. The Revised Edition provides new entries related to specific disabilities along with more than 60 No Child Left Behind Act terms including adequate yearly progress, accountability, highly qualified, and much more. Plus, this comprehensive resource covers a wide range of topics including: childhood disabilities and diseases; general legal terms relevant to special education law; diagnostic instruments used in evaluations; and much more."