As many parents, educators, specialists, and advocates understand, the special education process can be overwhelming and emotional.
Every child has a unique set of learning needs. Those involved in the special education process, however, may disagree about how to meet those needs. Meanwhile, a child with a disability may be losing valuable learning time.
This is why it is so important that those supporting the education of a child with a disability understand:
The legally required steps and timelines to put services in place
Parents’ legal rights
School districts’ legal rights and obligations
Understanding this process and key legal rights is crucial to making sure that children with disabilities receive the special education services that they need, as efficiently as possible.
Individuals with Disabilities Education Act (I.D.E.A.)
The Individuals with Disabilities Education Act (often called the “I.D.E.A.” with each letter pronounced on its own) is a powerful law that outlines the special education process. This law helps to protect children with disabilities (and their families) and provides important legal rights. One of the most powerful rights, is the right to a “free appropriate public education” (often called a “FAPE” and pronounced as one word).
We will discuss the very important right to a FAPE in a later newsletter. But for now, it is important to know that the right to a FAPE means that every child who has a disability that impacts their learning—no matter where they live or how much money their family makes—has the right to an education that meets their unique needs.
Every child who has a disability that impacts their learning, no matter where they live or how much money their family makes, has the right to a free education that meets their unique needs.
This education must be free, provided at no cost to the family.
Steps in the Special Education Process
To help children and families access their rights, the I.D.E.A. lays out a process for getting special education services. We will explore each step in a series of future newsletters. But for now, it can be helpful to think about the special education process as having six steps overall:
Each of these steps has important timelines and legal rights to make sure that children with disabilities get the support they need as quickly as possible.
A Bit of History
These legal protections did not always exist. Before the I.D.E.A. was passed in 1975, there was no law that applied to every state and gave children with disabilities the right to attend public school.
As a result, some states allowed school districts to exclude children with disabilities from public schools entirely.
Then, in the 1960’s and 1970’s, several court cases challenged the rules that kept children with disabilities out of public schools.
These cases helped lead to the creation of the I.D.E.A., and the right for every child with a disability to receive a free education that meets their unique learning needs.
Why Does All of this Matter?
Why does knowing about the I.D.E.A. and its history matter for children and their families? Because the I.D.E.A. is one of the most powerful laws protecting children with disabilities ages three to twenty-one (and in some cases, beyond twenty-one). This includes a child with a disability who has been suspended or expelled from school.
Not only does the I.D.E.A. provide children with disabilities the right to an education that meets their unique learning needs, the law also provides the child’s family with the right to play a significant role in the development of their child’s special education program, and specific steps to make sure their child receives the support they need. This means:
If a school district says it cannot provide a child with a necessary service because that service is too expensive, the child’s parent can take certain steps to have that service put in place.
Or if a school district evaluates a child and the parent disagrees with the evaluation, the parent has the right to ask the school district to pay for a private evaluation (though, importantly, the school district may not have to do so).
Or if a child with a disability needs a special form of transportation to and from school (such as a small school bus due to the child’s sensory needs), the school must provide that transportation at no cost to the parent.
The list of rights goes on and on.
Key Takeaways
And this is ultimately the goal of this newsletter. To break down the law so that the families, educators, healthcare providers and others working tirelessly to support children with disabilities have the tools they need to confidently navigate the special education process and advocate for their child.
As we wrap up this introduction to the I.D.E.A., I want to flag a few key takeaways…
The I.D.E.A. is a powerful special education law that outlines the special education process and gives children with disabilities (and their families) important legal rights.
Under the I.D.E.A., children with disabilities have the right to a free appropriate public education that meets their unique learning needs.
Under the I.D.E.A., parents/guardians have the right to play a significant role in developing their child’s special education program.
Before the I.D.E.A. existed, many states let school districts exclude children with disabilities from public schools.
There are six steps in the special education process: (1) Referral, (2) Evaluation, (3) Eligibility, (4) IEP Development, (5) IEP Implementation, and (6) Due Process.
Lastly, I just want to take a moment and acknowledge the challenging but life-changing work of advocating for a child with a disability. Whether you are a parent, a teacher, a healthcare provider, or an advocate—your advocacy can change the trajectory of a child’s future.
We know that putting appropriate educational services in place can make a tremendous difference in a child’s development and, ultimately, life-long skills. You are doing truly amazing work, and are, step-by-step changing the life of a child, adolescent, or young adult every single day.
Thank you for all that you have done, and for all that you do.
All the very best,
Ashley
Notes
20 U.S.C. § 1400 - Short title; findings; purposes
S. REP. No. 94-168, 1, 6 (1975)
34 C.F.R. § 300.101 - Free appropriate public education (FAPE)
20 U.S.C. § 1401(9) - Definitions
34 C.F.R. § 300.111 - Child find
20 U.S.C. § 1415 - Procedural safeguards
Pa. Ass’n for Retarded Child. v. Pennsylvania, 343 F. Supp. 279 (E.D. Pa. 1972)
Mills v. Board of Education of District of Columbia, 348 F. Supp. 866 (D.D.C. 1972)
Schaffer v. Weast, 546 U. S. 49, 53 (2005)
Winkelman v. Parma City School District, 550 U.S. 516 (2007)