IDEA (Individuals with Disabilities Education Act)
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REGULATORY |
REQUIREMENTS |
| Purpose | To insure that all children with disabilities have available to them a free appropriate public education. |
| Who is protected | List 13 categories of qualifying conditions. ADD/ADHD children may qualify under the classification of OHI (Other Health Impaired) |
| Duty to provide Free and appropriate Education | Requires the provision of a free appropriate education for students, covered including individually designed program. Requires the district to provide IEP's. "Appropriate education" means a program designed to provide "educational benefit." |
| Special Education VS. Regular Education | A student is eligible to receive IDEA services only if the multidisciplinary team determines that the student has one of the handicapping conditions and needs special education or related services. |
| Funding | If a student is eligible under IDEA, the district receives additional funding. |
| Accessibility | Not specifically mentioned, although if modifications must be made in order to provide a free appropriate education to a student, IDEA requires it. |
| General Notice | IDEA requires child find activities. Requires notification of parental rights. |
| Notice of Consent | A notice is required to the parent or guardian with respect to identification, evaluation and placement. Requires written notice. Notice provisions are more comprehensive and specify what the notice must provide. Written notice is required prior to any change in placement. Requires consent for initial evaluation and placement. |
| Evaluations | Requires consent before an initial evaluation is conducted. Re-evaluations must be conducted at least every 3 years. Does not require a re-evaluation before a significant change in placement. Provides for outside independent evaluations. |
| Determination of Eligibility Program and Placement | Done by admission review and dismissal (ARD) committee. Parent is an equal member of the committee. |
| Grievance Procedure | IDEA does not require a grievance procedure nor a compliance officer. |
| Due Process | To provide impartial hearings for parents or guardians who disagree with the identification, evaluation, or placement of student with disabilities. Hearings conducted by a state hearing officer (who is an attorney). Decisions may be appealed to court. |
| Enforcement | Compliance is monitored by the state education agency. The state education agency also receives and resolves complaints regarding IDEA. Office for Civil Rights does not enforce. |
Information taken from a handout written by Texas Education Agency.
For more information e-mail me at this address or contact your state school agency or your local advocacy group.
Developing an IEP - How to write an IEP (Individual Education Plan
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This page designed by Opal Harris.
Copyright © 1997 by [ADDA-SR]. All rights reserved.
Revised:
07 Nov 2005 19:14:06 -0600
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This page meets Bobby's guidelines to be ADA compliant.