Individuals
with Disabilities Education Act (IDEA) Facts
Prepared by Advocates for
Children's Services
CONTENTS:
What is the Individuals with
Disabilities Education Act (IDEA)?
Who
qualifies for services under IDEA?
If a
child has a disability, to what services is he entitled?
Important parent
rights
What can be done if a child qualifies for but is denied services,
or
services are inappropriately reduced or terminated?
Stages to appeal a Special Education
decision
What is the
Individuals with Disabilities Education Act (IDEA)?
The Individuals with Disabilities Education Act
(IDEA) promises a free, appropriate, public education to all
students, regardless of ability. Such educational services must be
individualized and provided in the least restrictive environment.
IDEA was originally enacted in 1990 and was reauthorized in 1997.
Special education law, however, goes back to the 19th century. While
public schools are mandated to comply with this Congressional act,
they are not adequately funded to do so.
Who qualifies for services under IDEA?
Children between the ages of 3 and 21 who have a
qualifying disability and, because of this disability, need special
education services. Qualifying disabilities include: autism, mental
retardation, behavioral or emotional disability, traumatic brain
injury, specific learning disability, orthopedic impairment, hearing
impairments, visual impairments, speech or language impairments, or
other health impairments.
If a
child has a disability, to what services is he entitled?
-
At
a minimum, the child is entitled to an evaluation for special
education services.
-
If,
through the evaluation process, the child is determined to be
eligible for special education services, he is entitled to an
Individual Education Program. This program is outlined in the
Individual Education Plan (IEP).
-
When
school officials suspend a special education student for 10
cummulative days, they must hold a Manifestation Determination
Review to determine whether or not the child’s behavior was a
manifestation of his disability.
-
Important
parent rights include:
> The opportunity to examine and copy all records
> To participate in all meetings
> To receive a written explanation of procedural rights
> To receive prior written notice
> To give or withhold parental consent
> To have a due process hearing
What can be done if a child qualifies for but is denied
services, or services are inappropriately reduced or terminated?
Once the evaluation process begins to determine a
child’s eligibility for special education services, he and/or his
caregiver should be informed of the process used to appeal related
decisions made by the school. In addition, the child and/or
his caregiver must be told of proposed changes to service (a cutback
or termination of services) in advance of the change taking place,
so there is time to express disagreement.
Stages to appeal a
special education decision:
Following are the different stages to appealing a
special education decision. Only move on to the next level if
the previous level has failed to produce action. Be sure to
document well all of your efforts.
- 1. Express your concerns in writing to the school
- 2. Notify the school’s superintendent that you desire
mediation
- 3. Call Advocates for
Children's Services to discuss the situation
- 4. File a Contested Case Petition
This information
prepared by:
Advocates for
Children's Services
(A special Statewide project of
Legal
Aid of North Carolina)
201 West Main Street, Suite 400, Durham, NC 27702
919-226-0051
E-mail:
ACSinfo@legalaidnc.org ยท Website:
www.legalaidnc.org
Disclaimer
The materials contained on this website are for information and educational
purposes only and do not constitute legal advice. Please contact your
Legal Aid of North Carolina office or a private attorney if you need to speak to
an attorney regarding your particular situation. See our complete
disclaimer.
Mission Statement
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal barriers
to economic opportunity.