Top 10 things to know about The Individuals with Disabilities Education Act (IDEA)

IDEA is a federal law that ensures students with disabilities have the right to a free and appropriate public education.

IDEA covers a wide range of disabilities, including learning disabilities, intellectual disabilities, and physical disabilities.
IDEA requires schools to develop an Individualized Education Program (IEP) for each student with a disability. The IEP is a document that outlines the student's educational goals and the services and supports they will receive to help them achieve those goals.
IDEA guarantees the right to a "least restrictive environment" for students with disabilities, which means they should be placed in the least restrictive educational setting that is appropriate for their needs.
IDEA requires schools to provide accommodations and modifications to help students with disabilities access the general education curriculum.
IDEA gives parents the right to participate in the development of their child's IEP and to provide input on their child's education.
IDEA includes provisions for dispute resolution, including mediation and due process hearings, to help resolve disagreements between parents and schools.
IDEA requires schools to evaluate students for potential disabilities and to provide specialized instruction and services as needed.
IDEA provides funding to states and local educational agencies to help them implement the law's requirements.
IDEA is periodically reauthorized by Congress, and the current version of the law is the Individuals with Disabilities Education Act of 2004 (IDEA 2004).
IDEA is periodically reauthorized by Congress, and the current version of the law is the Individuals with Disabilities Education Act of 2004 (IDEA 2004).

Tell me a little bit about the history of The Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is a federal law that was first enacted in 1975 to ensure that students with disabilities have the right to a free and appropriate public education. Prior to IDEA, many students with disabilities were excluded from public schools and did not have access to the same educational opportunities as their non-disabled peers.

What is a FAPE?

FAPE stands for "free and appropriate public education." It is a term used in the Individuals with Disabilities Education Act (IDEA) to describe the type of education that schools must provide to students with disabilities. IDEA requires that schools provide students with disabilities a FAPE in the least restrictive environment appropriate for their needs. This means that schools must provide students with disabilities the special education and related services they need to benefit from their education, at no cost to their parents. FAPE also includes the right to participate in the general education curriculum and extracurricular activities to the greatest extent possible.

What should you do if you believe your child is being denied a FAPE

If you believe that your child is being denied a free and appropriate public education (FAPE), you have several options for addressing the issue. First, you can try to resolve the issue through informal discussions with the school. You can schedule a meeting with your child's teacher and other school staff to discuss your concerns and come up with a plan to address them.

If informal discussions do not resolve the issue, you can also request a formal evaluation of your child to determine if they have a disability and if they are eligible for special education services. If your child is found eligible for special education, you can work with the school to develop an Individualized Education Program (IEP) that outlines the services and supports your child will receive.

If you are still not satisfied with the outcome, you can also file a complaint with your state's education agency or request a due process hearing. Due process hearings are legal proceedings where an independent hearing officer will review the facts of your case and make a decision about whether the school is providing your child with a FAPE. You may want to consult with an attorney if you decide to pursue a due process hearing.

10 reasons to hire an attorney if you believe your child has been denied a FAPE

An attorney can help you understand your rights under the Individuals with Disabilities Education Act (IDEA) and other laws that protect the rights of students with disabilities.

An attorney can help you gather and organize the evidence you need to support your case, such as educational records and evaluations.
An attorney can help you prepare for and participate in meetings with the school, such as IEP meetings and mediation sessions.
An attorney can represent you in due process hearings and other legal proceedings related to your child's education.
An attorney can help you negotiate with the school to reach an agreement that is in your child's best interests.
An attorney can help you understand the complex legal language and procedures involved in special education disputes.
An attorney can provide you with emotional support and guidance during a difficult and stressful time.
An attorney can help you navigate the appeals process if you are not satisfied with the outcome of a due process hearing or other legal proceeding.
An attorney can help you seek reimbursement for the costs of your child's education, such as private school tuition or related services.
An attorney can help you protect your child's rights and ensure that they receive the education they need and deserve.
An attorney can help you protect your child's rights and ensure that they receive the education they need and deserve.

Montgomery LawDecember 15, 2022Comment