Federal Law Protecting Your Child's Special Education Rights at School: IDEA
The more you know, the better you are at getting what you need. So, let’s get familiar with the federal laws that give protection to individuals with disabilities. These laws can feel intimidating, but they provide much-needed protection to your child.
There are also a couple of other federal laws that are important to know called the Rehabilitation Act and Americans with Disabilities Act (ADA). But let’s go over one law at a time.
Today, let’s chat about a federal law in the United States called the Individuals Disabilities Education Act (IDEA). It is the law that gives protection to students with disabilities. It applies to all public schools here and children up to high school graduation, or the age of 21, whichever comes first.
IDEA governs how states and public agencies provide early intervention, special education, and related services. Per the website of the U.S. Department of Education, infants and toddlers with disabilities (birth-2) and their families can receive early intervention services under IDEA Part C. Children and youth (ages 3-21) can receive special education and related services under IDEA Part B.
Important Parts of the IDEA Law
1. Free Appropriate Public Education (FAPE)
- For special education to be provided if needed.
- For related services to be provided if needed
- For the special education and related services to be provided at no charge to you.
- Section 300.101
Related services can include one (or more) of the following:
Adapted Physical Education, Assistive Technology, Audiology, Blind and Partially Sighted, Language and Speech, Occupational Therapy, Orientation and Mobility for the Blind, Orthopedically Impaired Itinerants, Physical Therapy, in addition to behavioral intervention, counseling, interpreting, and transportation services
2. Appropriate Evaluation
- For the school to conduct an appropriate evaluation if a disability is suspected.
- The evaluation must be done by trained evaluators and geared toward planning your child’s education and future instruction.
- To determine and make recommendations regarding your child’s eligibility for special education and related services.
- For the above to be provided at no charge to you.
- Section 300.304
3. Individualized Education Plan (IEP)
- IEP is a written document that is developed by the IEP team (School team and family/legal guardian).
- To ensure eligible students have access to FAPE.
- IEP should draw upon evaluation findings.
- Section 1414(d)
4. Least Restrictive Environment (LRE)
- The law dictates that the IEP team must explore several alternatives allowing your child to participate in the general education classroom.
- For example, your child shows strength in Math. The team can explore putting your child in a general education Math class with the modification of having the extra time to turn in work and assistive technology support.
- If your child cannot be a part of the general education classroom, the team must make efforts to create participation in a general education setting.
- For example, your child currently displays a lot of screaming and refusing to follow instructions, even with 1:1 staff support. This makes it difficult for your child and the other students to learn. However, your child likes being outdoor and generally shows less inappropriate behaviors during his Adapted Physical Education (APE) class. The team can explore and try sending your child to a general education PE class with support from 1:1 staff.
- Section 300.114
5. Parent Participation
- For you to be an equal participant and decision-maker regarding the placement of your child.
- For the school to get your approval prior to doing any evaluation or starting services and goals.
- For you to be notified and invited to your child’s IEP.
- Basically, for the school to ensure that you are a part of the IEP team.
- Section 300.322
6. Procedural Safeguards
- The law includes procedural safeguards to ensure that you have the right to review all educational records pertaining to your child.
- For you to receive notice prior to meetings about your child’s evaluation, placement, or identification. In addition, you can get an Independent Educational Evaluation (IEE) for consideration at these meetings. An IEE is done by private evaluators, and it might come into play when the school team is evaluating your child and for some reason, an outside evaluation might be needed. You can pay for an IEE yourself and then share the info with the school team. You can also request for the district to pay for it, although it does not necessarily mean the school will approve.
- The law also provides procedures when disagreements arise such as parents having the right to request mediation or due process hearings if an agreement cannot be reached between parents and school.
- Section 1415
Is your Child Qualified for Special Education?
To qualify, your child’s disability needs to fall into one of these categories, and he/she needs special education because of it:
- Autism
- Blindness
- Deafness
- Emotional Disturbance
- Hearing Impairment
- Intellectual Disability
- Speech/Language Impairment
- Multiple Disability
- Orthopedic Impairment
- Other Health Impairment
- Specific Learning Disability
- Visual Impairment
- Traumatic Brain Injury.
And this disability must “adversely affect” your child’s educational performance. It means that it needs to have a negative impact that is more than minor or short-term.
For example, your middle schooler has ADHD. This may be put under the category of “Other Health Impairment”. He has been struggling to learn and keep up with his classes throughout his elementary and middle school years. His ADHD in this case is adversely affecting his educational performance. If he has not received any extra help from the school up to this point, contact the school counselor/school psychologist. Express your concerns and your understanding of the federal law. And then, ask for the help needed so he can progress.
How about the Charter or Private School?
Students with disabilities attending charter schools have the rights and protections under the IDEA law since these schools are financed by public tax dollars. The same does not go with private schools unless your child is placed there by the school district as part of his or her IEP.
There are also some great additional resources and books out there that can help you dig deeper into these federal laws. I have read and liked The Everyday Guide to Special Education Law, The Everything Parent's Guide to Special Education, and Your Classroom Guide to Special Education. You can also go to the U.S. Department of Education website at www.ed.gov.
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