Special Education Under Federal Law
The main federal law covering special education is the Individuals with Disabilities Education Act (IDEA). IDEA gives all families of children with disabilities the right to have their children assessed to determine eligibility for special education and needs, inspect school records related to their child, attend an individualized education program meeting and develop a written plan with the school district, and resolve disputes with the school district by means of an administrative and legal process that is impartial.
School districts across the country are required by law to identify and evaluate children with disabilities. The purpose of this identification is to provide a child with specific programs or services to address his or her special needs.
Enforcement of IDEA
IDEA is administered by the Office of Special Education Programs (OSEP). OSEP is charged with developing federal policy and information on early intervention and education, administering the formula grants and discretionary programs authorized by IDEA, promoting the training of personnel, parents, and volunteers, supporting research to improve results, and coordinating with other agencies for the review of issues arising out of policy, implementation, and program planning. OSEP also offers leadership and financial support to states and local school districts with the goal of improving results for all disabled individuals through age 21.
What Children Have Disabilities Under IDEA?
Children with disabilities for purposes of IDEA include individuals between three and 22 years of age who have impairments in vision, hearing, or speech, serious emotional disturbances, mental retardation, traumatic brain injury, autism, orthopedic impairments, learning disabilities, or other health impairments listed under 20 U.S.C. §1401(3). In addition to having one of these disabilities, your child’s disability must adversely affect his or her educational performance to qualify him or her for special education based on IDEA.
What Will My Special Needs Child Get in an Individualized Education Program?
One of the primary benefits given to special needs children is the Individualized Education Program (IEP). An IEP is designed to meet the particularized needs of a child. The first step towards an IEP is an initial meeting with the school district to determine whether your child has special needs. If it is determined that your child has special needs, you will have a yearly meeting with representatives from your child’s school to develop your child’s educational plan and create a written description of it.
The IEP written plan will describe your child’s current performance in school, the annual goals to meet your child’s special needs, a determination of what services may be necessary to give your child an appropriate education, and services for transitioning into adulthood for children that are 16 or over. IDEA also covers teaching methods, teacher qualifications, and other aspects of developing and revising IEPs. Your child’s school district must provide you with a copy of statutes, regulations, and policies related to IDEA and special education.
