The Individuals with Disabilities Education Improvement Act: A Comprehensive Overview
The Individuals with Disabilities Education Act (IDEA) is the cornerstone of special education in the United States. Originally enacted in 1975 as the Education for All Handicapped Children Act (P.L. 94-142), the IDEA has been reauthorized and amended several times, most recently in 2004 with the Individuals with Disabilities Education Improvement Act (P.L. 108-446). The IDEA aims to ensure that all children with disabilities have access to a free appropriate public education (FAPE) that meets their unique needs and prepares them for further education, employment, and independent living.
Historical Context and Purpose of IDEA
Prior to the enactment of the Education for All Handicapped Children Act, a significant number of children with disabilities were either excluded from public schools or were not receiving appropriate educational services. Congress found that more than half of all children with disabilities were not receiving appropriate educational services and that 1 million children with disabilities were excluded entirely from the public school system. Further, Congress found that many public school children were prevented from having successful educational experiences because their disabilities were undiagnosed. The IDEA sought to address these inequities by providing states with federal funding to support the education of children with disabilities, contingent upon meeting certain requirements and guarantees.
The IDEA's core purpose is to ensure that all children with disabilities have access to a FAPE that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. This includes providing specially designed instruction and other services to meet their unique needs. A key aspect of IDEA is to ensure that every student has access to and makes progress in the general education curriculum. The IDEA also aims to protect the rights of children with disabilities and their parents, and to assist states and local educational agencies (LEAs) in providing for the education of all children with disabilities.
Key Components of IDEA
The IDEA is comprised of four main parts:
- Part A: Contains general provisions, including the purposes of the act and definitions.
- Part B: Focuses on providing special education and related services to children with disabilities between the ages of 3 and 21 years old (the grants-to-states program) and the state grants program for preschool children with disabilities (Section 619).
- Part C: Authorizes state grants for programs serving infants and toddlers with disabilities (ages birth through two) and their families.
- Part D: Contains the requirements for various national activities designed to improve the education of children with disabilities.
Part B: Special Education for School-Aged Children
Part B of the IDEA is the most well-known component, focusing on the education of children with disabilities ages 3 through 21. It provides federal funding to state educational agencies (SEAs) and local educational agencies (LEAs) to support the provision of special education and related services to children with disabilities.
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Eligibility for Services:
To be eligible for services under Part B of the IDEA, a child must meet two criteria:
- The child must have a disability that falls under one of the categories defined in the IDEA (e.g., specific learning disability, speech or language impairment, autism, intellectual disability, emotional disturbance, etc.). To qualify for an IEP, a student meets criteria in one of the 14 eligibility categories defined in WAC 392-172A-01035.
- The child must require special education and related services as a result of the disability in order to benefit from public education. The disability must have a negative impact on learning. Not every student who has a disability and receives an evaluation will qualify for an IEP.
Individualized Education Program (IEP):
If a child is determined to be eligible for special education services, an Individualized Education Program (IEP) must be developed. The IEP is a legally binding document that outlines the child's educational needs, goals, and the specific services and supports that will be provided to help the child achieve those goals. The IDEA requires all schools and districts receiving federal dollars to provide students with disabilities a public education designed to meet their unique needs and prepare them for further education, employment, and independent living.
The IEP is developed by an IEP team, which includes:
- The child's parents or guardians
- The child's regular education teacher
- A special education teacher
- A representative of the LEA
- Other individuals with knowledge or expertise regarding the child
The IEP team must consider the strengths of the child; the concerns of the parents; the results of the initial evaluation (or most recent evaluation); and the academic, developmental, and functional needs of the child. The IEP team meets at least once a year to review the IEP to determine if goals are being met and to make necessary changes. The team must meet to develop the initial IEP for a child within 30 days of determining that the child needs special education and related services. IDEA requires the child’s parent, or legal guardian to be an integral part of the IEP team. Parents play a vital role as they know their child best and can help the team decide the specially designed instruction, supplementary aids, related services and accommodations a child needs to succeed in school.
Key components of an IEP include:
- A statement of the child's present levels of academic achievement and functional performance
- Measurable annual goals
- A description of how the child's progress toward meeting the annual goals will be measured
- A statement of the special education and related services and supplementary aids and services to be provided to the child
- An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class
- A statement of any individual accommodations that are necessary to measure the academic achievement and functional performance of the child on state and district-wide assessments
- The projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications.
- Beginning not later than the first IEP to be in effect when the child is 16, or younger if determined appropriate by the IEP Team, and updated annually thereafter, appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills
Free Appropriate Public Education (FAPE):
A primary principle of the IDEA is the right to FAPE (Free Appropriate Public Education) for students eligible for special education services. Eligible children ages 3-21 who receive services at school have a right to FAPE: Free Appropriate Public Education. Services are delivered through an Individualized Education Program (IEP). A non-discriminatory evaluation and family participation on an IEP team are aspects of FAPE.
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FAPE is implemented through the IEP, which is the program plan that lays out how the LEA will provide special education and related services to each child with a disability. The LEA is responsible for ensuring that the child receives the services outlined in the IEP and that the child has the opportunity to make progress in the general education curriculum. As part of their right to FAPE, a student eligible for an IEP has the right to an individualized services program that ensures their education is appropriate, equitable, and accessible. All of those terms are part of FAPE. FAPE must ensure that the student finds meaningful success, in light of their circumstances. Trivial progress on IEP goals or the same goals year after year does not meet the federal standard for FAPE. If a neighborhood school cannot provide the services and programming to guarantee FAPE within the general education classroom, then the school district is responsible to work through the IEP process to design an individualized program and placement that does meet the student’s needs.
Least Restrictive Environment (LRE):
IDEA requires that children with disabilities be educated in the least restrictive environment possible. In other words, to the maximum extent that is appropriate, they are to be educated with children who are not disabled. Further, special classes, separate schooling, or other removal of children with disabilities from the regular educational environment can occur 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. The LEA must also ensure that there is a continuum of alternate placements that includes instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions. The specific placement decision for each child with a disability is made by that child's IEP team.
Related Services:
The provision of special education and related services is a key component of FAPE. Special education means "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." Specially designed instruction, which is delineated in the IEP, means that the content, methodology, or delivery of instruction is adapted to address the unique needs of the child that result from the child's disability. The instruction must ensure the child's access to the general curriculum, so that the child can meet the educational standards that apply to all children.
In general, related services are transportation and those developmental, corrective, and other supportive services required to help a child with a disability to benefit from special education. Both the statute and federal regulations define related services and provide a list of related services. The regulations also further define the services that may be provided to a child with a disability. The list is not exhaustive; other related services could be provided to a child with a disability.
Procedural Safeguards:
Procedural safeguards are provisions protecting the rights of parents and children with disabilities regarding FAPE. The IDEA includes a number of procedural safeguards to ensure that the rights of children with disabilities and their parents are protected. These safeguards include the right to:
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- Participate in the development of the IEP
- Examine all records relating to the child
- Obtain an independent educational evaluation (IEE) of the child
- Receive prior written notice of any proposed changes to the child's educational program
- Present and resolve complaints through state complaint procedures
Three of the procedural safeguards listed above pertain to dispute resolution between parents and the LEA. These are mediation, due process complaint procedures, and state complaint procedures, which are discussed below. Mediation is a process of resolving disputes initiated by either the parent or LEA involving any matter under IDEA. It is a way of resolving complaints without the formal due process hearing, discussed below. Either a parent or an LEA can initiate the mediation process, which must be voluntary for each party. The mediation must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. If the school and parent resolve a dispute through the mediation process, they must execute a legally binding agreement that is signed by the parent and a representative of the LEA. district court.
The due process complaint procedure begins with filing a due process complaint, which is in effect a request for a due process hearing, on matters relating to the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child.
Part C: Early Intervention Services for Infants and Toddlers
Part C of the IDEA focuses on providing early intervention services to infants and toddlers with disabilities (ages birth through two) and their families. The goal of Part C is to enhance the development of infants and toddlers with disabilities and to support their families in meeting their children's needs.
Eligibility for Services:
Part C of the IDEA defines an "infant or toddler with a disability" as a child who is experiencing a developmental delay or who because of a diagnosed condition has a high probability of experiencing a developmental delay. Specifically, "Developmental delay" is defined by the IDEA as a delay in one or more of the following areas:
- cognitive development
- physical development
- communication development
- social or emotional development
- adaptive development (e.g., self-help, eating, dressing, adjusting to new situations).
The IDEA's requirement that each state's Part C statewide early intervention system include a "rigorous definition of the term 'developmental delay' that will be used by the State in carrying out programs under [Part C]" allows each state to specify both the criteria that constitute a developmental delay in each of the aforementioned five developmental areas and the evaluation and assessment procedures to measure children's development in that area. In addition to serving infants and toddlers with developmental delays, states may serve infants and toddlers who are at-risk for experiencing substantial developmental delays if they do not receive early intervention services.
Individualized Family Service Plan (IFSP):
Every child who is found eligible for early intervention services is required to have an individualized family services plan (IFSP) developed within a reasonable time after the assessment is completed. Like the IEP, its counterpart for children with disabilities ages 3 to 21 years old, the IFSP is a plan developed by a multidisciplinary team, including the child's parents, which outlines the early intervention services the child is going to receive. However, IFSPs differ from IEPs in much the same way the early intervention assessment process differs from the special education assessment process-IFSPs focus not only on the infant or toddler's needs but also on the needs, priorities, and concerns of other family members regarding the child.
The IFSP must include information such as:
- A statement of the child's present levels of development
- A statement of the family's resources, priorities, and concerns
- Measurable outcomes for the child and family
- A description of the specific early intervention services that will be provided
- The projected dates for initiation of services and the anticipated duration of services
- The name of the service coordinator who will be responsible for implementing the IFSP
- The steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services.
The IFSP must be fully explained to the parents, and their suggestions must be considered. In addition, a parent must give written consent for each proposed service. If a parent or guardian does not give his or her consent in writing for a particular service, the child will not receive that service. The IFSP must be reviewed every six months and the child must be evaluated at least once a year to determine if the child still qualifies for Part C services and if the current IFSP is still appropriate. The IFSP can be reviewed more frequently when that is appropriate for the child or family's needs. The timeline for all the procedures leading up to and including the writing of the IFSP is short (45 days) for the same reasons.
State Lead Agency and Interagency Coordinating Council (ICC):
Each state's governor is responsible for designating the agency in the state that will serve as the "lead agency" for the early intervention system. The lead agency is responsible both for receiving the Part C grant and for administering the Part C program. In addition to designating the state's lead agency, the governor is responsible for appointing a state ICC to advise and assist the lead agency in various activities, including identifying and assigning financial responsibility to the appropriate agencies, promoting interagency agreements, and preparing applications and amendments for Part C. In appointing members to the ICC, the Governor needs to ensure the council reasonably represents the population of the state and is comprised of members of various stakeholder groups. At least 20% of the ICC must comprise parents of children with disabilities, and at least one of the parent members must have a child with a disability who is younger than seven years old. Another 20% or more of the ICC must comprise early intervention service providers.
Child Find System:
Each state must have in effect policies and procedures to ensure that all children with disabilities residing in the state who are in need of early intervention services or special education are identified, located, and evaluated. A comprehensive child find system is a key component of both Part B and Part C of the IDEA. However, Part C includes several additional child find requirements specific to identifying infants and toddlers with disabilities, who due to their young age are not affiliated with the school system yet and therefore need to be identified for possible services through different mechanisms than their Part B peers. The first additional requirement of a state's Part C child find system is that it must include an efficient system for making referrals to service providers. In addition, each state's child find system must provide for participation by the primary referral sources discussed in the previous section of this report.
Once the required components of a child find system are in place, each state has options as to how they will implement their child find system. States may choose to use screening procedures to determine which children are suspected of having disabilities, or they may choose to rely on health care workers and other primary referral sources that interact with infants and toddlers with disabilities to refer families of children with potential need of early intervention services for evaluation. In either case, the parent of a child being referred must be provided with prior written notice of their rights and provide consent before the initial screening, evaluation, or assessment of their child takes place.
Transition Services:
Transition services are services that help a toddler with a disability and his or her family transition from the child's early intervention program under Part C of the IDEA to the child's next program or services, or help them prepare for the end of services under the IDEA. Every toddler with a disability receiving Part C services must have a transition plan in place, at the earliest 9 months and at the latest 90 days, before their third birthday. The transition plan must outline the transition services he or she is to receive. The transition plan is part of a child's IFSP, not an additional document. The transition services outlined in the transition plan may be designed to help the toddler and his or her family (1) transition into a Part B program, (2) continue in an extended Part C program, or (3) prepare for the end of services under the IDEA, if the child is no longer eligible to receive Part C or Part B services.
The Individuals with Disabilities Education Improvement Act of 2004
The Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) was the most recent reauthorization of the IDEA. The 2004 amendments aimed to improve accountability and outcomes for students with disabilities by emphasizing reading, early intervention, and research-based instruction. The amendments:
- Added language from the No Child Left Behind Act of 2001 regarding core academic subjects, limited English proficiency, and highly qualified teachers.
- Created a 15-state pilot program in which states may develop and implement three-year IEPs.
- Districts may elect to not use the “discrepancy formula” in determining if students have a learning disability. A school district may instead use a process called the response to intervention model.
- The IEP planning teams must base services on peer-reviewed literature.
- Student progress is regularly monitored based on written measurable goals.
- Benchmarks or short-term objectives are no longer required in an IEP except for students who take alternative assessments.
- Intelligence quotient (IQ) achievement discrepancy is no longer required for the determination of a specific learning disability.
- Response to Intervention (RTI) may be used as part of the special education evaluation. RTI interventions are based on research-based interventions.
- Transition services begin at age 16.
- A student with a disability who demonstrates poor behavior may be moved to an interim alternative setting for up to 45 school days if the behavior involves a weapon, illegal drugs, or bodily harm, without the determination of whether the behavior is a manifestation of the disability.
- Dispute-resolution system model for education was clarified.
- Changes are made in special education eligibility and evaluation process.
Challenges and Ongoing Issues
Despite the significant progress made since the enactment of the IDEA, challenges and ongoing issues remain. One persistent issue is the underfunding of the IDEA by the federal government. When Congress passed IDEA in 1975, it committed the federal government to helping to ensure that students with disabilities receive a free and appropriate public education by funding 40 percent of the additional cost to educate IDEA-eligible students. To date, the federal government has never fulfilled its commitment to fully fund the IDEA. In fact, it’s never covered more than 16 percent of these costs. This lack of federal investment, in combination with the recent education budget cuts at the state and local level, has made it increasingly difficult for schools and early education programs to continue to provide the services that young children and youth with disabilities need and to which they are legally entitled.
Another ongoing issue is the disproportionate discipline of students with disabilities, particularly students from minority backgrounds. While certain outcomes for students with disabilities overall continue to improve, school-level data continue to show that secondary students with disabilities are suspended and expelled at higher rates (18%) than their general education peers (10%). If you are a Black male with disabilities attending secondary school, you are suspended at nearly twice the rate (33.8%) of your white male peers with disabilities (16.2%). Schools also continue to abuse and overuse aversive practices such as secluding and/or restraining students with disabilities at much higher rates than their peers.
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