Why Do I Need to Know About the Law?
The law can be confusing and intimidating not only for those unfamiliar with special education but for special education teachers as well (both new and veteran). I myself as a 4th year special education teacher am still learning different parts of the law and still find myself googling terms, history, current statutes, and case law. It is essential to be familiar with at least some key components of the law in order to fully understand the IEP process, special education protocols, and why things are done the way they are. The current laws that govern special education services are less that 50 years old and it is hard to believe that not long ago our students who have significant needs were not provided a free public education alongside their typically developing peers. it is important to know where the special education law has evolved from. Read below to learn some quick tidbits regarding the most essential portions of IDEA.
The History of IDEA
In 1975 the American congress enacted the Education for All Handicapped Children Act (EHA) that protected the rights of SWD to receive education through public schools. Before the EHA, many SWD received their education in the most restrictive environment, such as a private institution, and parents were not able to be part of the decision making. In 1990, the educational policy was updated and renamed the Individuals with Disabilities Education Act, also known as IDEA, which was reauthorized in 2004 and has since been updated with additional regulations. The U.S. Department of Education defines IDEA as “a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures SPED and related services to those children”.
Since 2004 there have been updates to IDEA to put more regulations in place; these updates occurred in 2006, 2008, 2011, 2013, 2015, and 2016. Revisions have included: the required use of evidence based practices, increased parent rights and legal protections, the use of private schools, the use of alternate state assessments, proper identification for services, disciplinary procedures, change of language of disability labels, and a stronger definition of FAPE.
Since 2004 there have been updates to IDEA to put more regulations in place; these updates occurred in 2006, 2008, 2011, 2013, 2015, and 2016. Revisions have included: the required use of evidence based practices, increased parent rights and legal protections, the use of private schools, the use of alternate state assessments, proper identification for services, disciplinary procedures, change of language of disability labels, and a stronger definition of FAPE.
Disabilities Recognized by IDEA for services
There are a total of 13 disability categories that students can qualify under to receive specialized services as outlined by IDEA.
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Key Definitions
There are at least 30 different terms that are defined in IDEA. It can be difficult to not only memorize all of the different acronyms but the definitions of each term and the purpose that it serves to the student.
Individualized Education Program (IEP) : "a written statement for each child with a disability that is developed, reviewed, and revised in accordance with section 1414(d) of this title."
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Special Education (SPED) : "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including— (A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (B) instruction in physical education."
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Least Restrictive Environment (LRE): "To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."
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Supplementary Aides & Services : The term “supplementary aids and services” means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with section 1412(a)(5) of this title.
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Assistive Technology (AT) : "any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability." Does not include medical devices.
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Free Appropriate Public Education (FAPE) : "special education and related services that— (A) have been provided at public expense, under public supervision and direction, and without charge; (B) meet the standards of the State educational agency; (C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and (D) are provided in conformity with the individualized education program required under section 1414(d) of this title."
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Local Education Agency (LEA) : "a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools."
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Related Services : "transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children."
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Key Statutes/Regulations
If you click on the title of each section below it will take you to the IDEA webpage with more details regarding that section
This section outlines the definitions of words that are commonly used in the IDEA statues, including those listed above. This section of IDEA outlines how students reach eligibility, details outlining creation, implementation, and revision of IEPs, and details about the IEP team, |
This section of IDEA outlines how schools should identify students, the protections of FAPE, placement of students in public schools versus private, and the use of funds. This section of IDEA outlines procedures for schools, protections for parents, and the procedures for when there are disagreements between parents and the school. |
Cited resources on this page
https://sites.ed.gov/idea/