Civil Rights Information Center
Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) protects the educational interests of children with physical and emotional disabilities. IDEA was enacted to ensure that disabled children receive the education that their unique needs demand. IDEA applies to primary and secondary public schools only; the act does not govern post-secondary institutions such as colleges and vocational schools. The procedures and rights for which IDEA provides can seem complex, but getting the most out of them will maximize the benefit of your child's education. An attorney from Law Offices of John L. Burris in Oakland, California, who knows education and civil rights law, can be your strong ally.
Disabled Children under the Individuals with Disabilities Education Act
Under IDEA, a disabled child is one who is in need of special education and related services because of:
- Mental retardation
- Hearing impairment, such as deafness
- Speech impairment
- Language impairment
- Visual impairment, such as blindness
- Serious emotional disturbance
- Orthopedic impairment
- Autism
- Traumatic brain injury (TBI)
- Other health impairment or specific learning disability, such as dyslexia or developmental aphasia
If a parent disagrees with the school's determination that a child is either non-disabled or disabled, the parent has numerous remedies. An attorney can advise on the best course of action.
Free Appropriate Public Education (FAPE) and Individualized Education Plans (IEPs)
Under IDEA, children with disabilities are entitled to free appropriate public education (FAPE) tailored to their needs. FAPE requires schools to provide disabled children with the special education and related services detailed in the child's individualized education plan (IEP). An IEP is developed by educators and the child's parents, detailing a number of items, such as annual goals; special educational and related services to be provided; initiation and end dates; and evaluation procedures.
Special Education and Related Services
Disabled children covered by the Individuals with Disabilities Education Act are entitled to the special education and related services needed to meet their needs, as outlined in the IEP. Special education may include specially designed instruction at no charge to the family, including in the classroom, the home or other settings. Typically, schools strive to place disabled children in "mainstream" classrooms while providing supplemental services as needed. These services may include:
- Assistive devices
- Audiology services
- Developmental, corrective, and other supportive services
- Medical services
- Mobility services
- Transportation
- Occupational therapy
- Physical therapy
- Psychological services
- Recreational therapy
- Social services
- Speech therapy
The related services are tailored to help the disabled child derive meaningful benefit from his or her education.
Take Action
The legal and procedural issues involved in this area of the law can be complicated and frustrating for a parent. For a full explanation of your child's rights under the law, contact an attorney. An experienced lawyer from Law Offices of John L. Burris in Oakland, California, can help you understand the issues, your options and how to proceed.
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