The Individuals with Disabilities Education Act

Free Appropriate Public Education (FAPE) states that special education services are offered to children with disabilities at government expense, under public control and direction, and without charge. They adhere to an individualized education program (IEP) and meet the standards of the State educational agency, including all levels of school education.

IEP Components are a written description of the educational plan created to meet each child’s particular needs (Lee, n.d.). The main components of IEP are (Center for Parent Information & Resources, 2022):

  • a description of the child’s current academic performance and functional performance levels;
  • a list of performance goals for the year, including those for academics and other purposes;
  • a description of the child’s special education, related services, and supplemental aids and services that will be offered;
  • a description of the program changes or educational staff assistance that will be made available to help the child progress correctly and meet the annual goals;
  • a justification of the degree, if any, to which the child will not engage in extracurricular and non-academic activities with non-disabled students in the regular class;
  • a description of any modifications required for each person’s academic performance;

The Least Restrictive Environment (LRE) calls for special education students to spend as much time as possible in regular classroom settings. Only when a child’s learning or thinking difference, which is classified as a ‘disability’ under the IDEA, is so severe that supplementary aids and services can’t provide the child with an appropriate education should special classes, separate schools, or removal from the general education class be considered (Morin, n.d.).

Referral Process. The special education process begins with the referral. A referral is a request for an assessment. The child’s parent or guardian, the educators, or any other public school employee may initiate this referral (public or private). It can be planned to bring up concerns at a meeting. Parents can make an evaluation request and can accomplish this by sending the school a written request for an evaluation.

The evaluation Process refers to the procedures employed in line with Administrative Code rules for examinations to establish if a child has a disability and the kind and degree of special education and related services the child requires.

Eligibility Determination. Not all children qualify for special education services under IDEA, and a diagnosis does not ensure eligibility. Children must have a disability that fits into one of the 13 categories IDEA addresses to be eligible. A child must have a disability and require special education to advance academically to be eligible.

Parent and Student Involvement The legislation states that parents are involved in every stage of the special education process as equal members of the IEP team. Students under the age of 15 should be considered to the extent possible; after they turn 15, however, they must participate in the IEP process.

Quarterly Progress Monitoring. Specifying how the child’s growth will be evaluated is another aspect of the IEP. An integral aspect of the special education process is tracking a child’s progress toward their set annual goals since it provides the IEP team with proof of the effectiveness of the tailored program they have created (Center for Parent Information & Resources, 2018).

Annual Review Process. The legal process of examining the needs, provisions, and results listed in an EHC Plan and determining whether any changes are necessary is known as the annual review (Center for Parent Information & Resources, 2018).

Procedural Safeguards protections do not specify what services or information should be in an IEP. Instead, they lay out the guidelines for how you’ll interact with the institution (Lee, n.d.). It consists of prior written notice, parent participation, access to student records, information confidentiality, procedural protections notice, and independent educational evaluation.

Prior Written Notice. Before making any changes to how your child receives special education, the school must provide you with written notice. This covers situations where the school wants to offer or refuse assistance. It has to explain to you what it intends to do and why.

Related Services. Instructional, developmental, corrective, and other supportive services needed to help a child with a disability benefit from special education are all described by the IDEA requirements (Center for Parent Information & Resources, 2017).

References

Center for Parent Information & Resources. (2017). Q & A on Part B of IDEA 2004: Purposes and Key Definitions. Center for Parent Information & Resources. Web.

Center for Parent Information & Resources. (2018). Measuring and Reporting Student Progress. Center for Parent Information & Resources. Web.

Center for Parent Information & Resources. (2022). The Short-and-Sweet IEP Overview. Center for Parent Information & Resources. Web.

Lee, A. M. I. (n.d.) 10 key procedural safeguards in IDEA. Understood. Web.

Lee, A. M. I. (n.d.) What is the Individuals with Disabilities Education Act (IDEA)? Understood. Web.

Morin, A. (n.d.). What is least restrictive environment (LRE)? Understood. Web.

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ChalkyPapers. 2024. "The Individuals with Disabilities Education Act." January 2, 2024. https://chalkypapers.com/the-individuals-with-disabilities-education-act/.

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ChalkyPapers. "The Individuals with Disabilities Education Act." January 2, 2024. https://chalkypapers.com/the-individuals-with-disabilities-education-act/.