The Individuals with Disabilities Education Act (IDEA) is a federal law enacted in 1991 that requires a free, appropriate and individualized public education in the least restrictive environment be provided to eligible children with disabilities. The act enforces that special education and related services be provided to children with disabilities at no cost to parents or legal guardians.
The IDEA is a law ensuring service that creates civil rights for students with disabilities and for the parents of these students. The IDEA law requires:
1.) All children with disabilities are to be granted a free appropriate public education (FAPE)
2.) Education and Related Services must be provided to children up to the age of 21 (age 22 in California)
3.) Education must include academic skills as well as self-help, functional, and vocational skills
4.) Education must be provided in the “least restrictive environment (LRE)”, which means a child with a disability must have the opportunity to be educated with non-disabled students, to the greatest extent possible
5.) Education must be individualized and modeled to meet the child’s needs
The Procedural Protections of the IDEA include the following:
1.) The child has the right to be given notice of a proposed decision about his educational program.
2.) A notice must be give to parents informing them of their procedural protections and substantive protections under the IDEA.
3.) The right to an Individualized Education Program (I.E.P.)
4.) The right to an administrative or court hearing and the right to have a record of the hearing
5.) The right for child to remain in his educational setting until any dispute is resolved (stay-put)
6.) The right to the attorney’s fees if the family prevails at an administrative hearing
Just because a child has a disability does not mean he or she will automatically receive coverage underneath the IDEA. Before a child can receive coverage, the child must be assessed to determine whether or not they qualify for the special education services. There must be evidence explaining that the child’s disability affects their learning capabilities. Autism is specifically mentioned as a disability under the Individuals with Disabilities Act (IDEA), and there is a specific way in which autism is identified under the IDEA. To qualify, a child must exhibit any combination of the following behaviors:
1.) An inability to use oral language for appropriate communication
2.) A history of extreme withdrawal or relating to people inappropriately and continued impairment in social interaction from infancy through early childhood
3.) Strong reliance to schedule and consistency
4.) Extreme preoccupation with objects and/or inappropriate use of objects
5.) Strong resistance to controls
6.) Displays odd, repetitive body movements or mannerisms (self-stimulation)
The act enforces important rights and support services for children with disabilities, including those children from the ages of zero to three years old. The law aims to provide early intervention services to children to enhance their development and minimize the potential for further developmental delay. It also helps to reduce educational costs by minimizing the need for special education and related services after children reach the school age.
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