Individuals with Disabilities Education Act of 2004 (IDEA)
General Information
-
Ensures free appropriate public education which emphasizes special education and related services to children with disabilities throughout the nation
- Special education – “specially designed instruction, at not cost to parents, to meet the unique needs of a child with a disability” (Pub. Law No. 94-142, § 602(25))
- Governs how states and public agencies provide early intervention, special education and related services to eligible infants, toddlers, children and youth with disabilities
School Information ((Major provisions of IDEA each state must ensure…)
- Zero Rejection – Enroll all children and youth, including those with disabilities
- Identification – Extensive efforts to screen and identify all children with disabilities
- Non-Discriminatory Evaluation – Determine whether an enrolled student has a disability and, if so, the nature of the special education and related services that the student requires
- Individualized Education Program (IEP) – For each student with disability, a written statement must be developed and implemented which includes:
- a statement of the student's present level of educational performance including strengths and needs
- a statement of annual goals including short-term instructional objectives
- a statement of specific education and related services to be provided to the student and the extent to which the student will be able to participate in general educational programs to enable progress
- detailed instructional methodologies to be employed
- documented mode of discipline
- the projected dates for initiation of services and the anticipated duration of services
- appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether the short-term instructional objectives are being achieved.
- Least Restrictive Environment (LRE) – To the maximum extent appropriate for the student, ensure that every student receives education in the general education environment unless the nature and severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily
- Free, Appropriate Public Education (FAPE) – Every student with a disability has an appropriate public education at no cost to the parents or guardian
- Due Process – Implement a system of checks and balances so that parents and professionals may hold each other accountable for providing the student with FAPE in the LRE
- Parent Participation – Student’s parents are consulted about the student’s evaluation and placement and the educational plan; surrogate parent must be found if parents/guardian are unknown or unavailable
- Confidentiality – Results of evaluation and placement are kept confidential, though student’s parents/guardian may have access
- Transition Services – A coordinated set of activities for a student with a disability that:
- is designed within a outcome-oriented process to promote movement from school to post-school activities,
- is based upon the individual student’s needs, taking into account preferences and interests, and
- includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation (Pub. L. 105-17, § 602(34))
Violation Information
- Each state is held responsible for full compliance by all parties within its jurisdiction
- States required to keep written record, available for public review, concerning their IDEA policies/procedures
- Office of Special Education Programs (OSEP) of the U.S. Dept. of Education actively monitors states including on-site visits by federal personnel and public hearings
- States that are out of compliance are expected to design a corrective action plan with a timetable for state revisions and modifications
