Understanding IDEA
The Individuals with Disabilities Education Act

IDEA (The Individuals with Disabilities Education Act) lists 13 categories of special education each with its own detailed requirement. IDEA pertains to student's aged 3-22. To qualify, your child must have one of the identified disabilities AND it must adversely affect their educational performance. Every school district has the legal responsibility to identify, locate and evaluate children who are in need of special education services. The law calls this child find.

CATEGORIES:

The following categories are a breakdown of IDEA and how it effects your rights as a parent and your child's IEP.

1. FREE APPROPRIATE EDUCATION:

FAPE is the educational right of children with disabilities in the United States to receive educational services at public expense.

The law does not require your school district to provide the very best education for your child, the school district needs to only provide an appropriate education. Unfortunatly, this is a vague concept that is often the root of IEP conflicts. As a parent, keep in mind that what is appropriate for one child may not be deemed appropriate for another. The IEP team is responsible for determining what is appropriate.

IDEA states that the assessment of your child must involve various tests and measures to determine whether your child has a disability. A school district must conduct an initial evaluation to determine if the student qualifies for special education within 60 days of receiving your consent for evaluation. Parents may request only one evaluation per year unless the school is in agreement. HOWEVER, if you disagree with the evaluation, you may request an Independent Education Evaluation at no cost to you.

School districts must obtain informed consent from you before performing the initial evaluation of your child. This means you have been fully informed in your native language about all of the information for which you are giving consent and that you understand and agree in writing to the evaluation of your child.

Your consent is voluntary and may be withdrawn at any time.

Consent for evaluation does not mean that you consented for placement in special education or agree to receive services. The district must request new consent if your child is to be placed in special education. If at any time you revoke consent in writing for services after having consented to them in the past, the district must use due process procedures if they wish to continue services.

Keep in mind that you may consent to part of the IEP but not to all. While you are working on agreeing on the entire IEP, the parts that you have consented to must be implemented immediately.

4. LEAST RESTRICTIVE ENVIRONMENT:

IDEA requires school districts to place your child in the least restrictive environment that will meet their individual needs. Your child’s LRE will depend on their abilities and disabilities. IDEA mandates LRE to make sure that individual needs determine each individual placement, not the other way around.

5. CUMULATIVE FILE:

As a parent, you have the right to see your child’s cumulative file. This file usually contains: Report cards, medical data, attendance, testing data, discipline records and teacher comments. IDEA requires the school to grant your request to see your child’s file before an IEP meeting or within 45 days of your request.

The school may charge you a fee for copying records. You have the right to request that any false, inaccurate or misleading information or information that violates the privacy rights of your child be amended or removed from your child’s file.

6. TRANSITION PLAN:

IDEA requires that the IEP team develop a transition plan as part of the IEP when your child turns 16. The transition plan must include how your child will proceed after high school. This may include college, work, training, independent living, etc. It also must include reasonable goals and services that will help your child reach the transition goals.

7. STAY PUT RIGHTS:

The rules of a school district and a school apply to all students. However, rules must be applied in conjunction with the laws and procedures of IDEA. Like all children, your child must follow school rules. They may be disciplined, suspended or expelled. However, before the district can take action, IDEA requires an analysis of whether the disability played a part in your child’s behavior. This is referred to as manifestation determination.

FOR EXAMPLE: If a student with an active IEP breaks a school rule that results in suspension or expulsion, the student's program, placement or services CAN NOT be changed unless the district and parent agree.

If there is no agreement, the child is entitled to STAY PUT in their current program UNTIL a new IEP is signed and agreed upon. Bottom line, a parent can assert their child’s STAY PUT right to maintain their current placement until a new IEP is in place. This prevents your child from losing services while the new placement is being determined.

8. TEN DAY RULE:

STAY PUT protection under IDEA only applies if your child is facing more than 10 consecutive days out of school. This is referred to as the 10 day rule.

A special education student who is suspended from school for LESS than 10 consecutive days is NOT entitled to IDEA protection. Usually, school suspensions are less than 10 days.

If a district intends to suspend or expel a special education student for more than 10 consecutive days it can be considered a change of placement. If this occurs, the district must hold a manifestation IEP to determine if the student's actions were caused by their disability. If the IEP team determines that they were, then the student’s placement cannot be changed and the STAY PUT rights are activated.

If the IEP team determines the student's behavior was not a result of the disability, the child has no STAY PUT rights and CAN be expelled.

9. WEAPONS and DRUG OFFENSES:

IDEA also makes exception to the 10 day rule if the discipline involves drugs or weapons.

A special education student who brings a weapon to school or possessed, uses, sells or solicits the sale of drugs at school or during a school function can be removed for up to 45 days without parental agreement.

The student is entitled to an alternative placement during the 45 days. IDEA requires the IEP team to develop a behavior plan for students whose behavior impedes his or her learning or the learning of others. If a student is removed for more than 10 days, IDEA also requires the IEP team to do a functional behavioral assessment and implement a behavior plan.
10. PRIVATE PLACEMENT:

IDEA gives your child the right to be placed in a private school ONLY if your school district cannot provide an appropriate program.

Under IDEA, school districts are required to show that they cannot serve a child's special education needs BEFORE they place and pay for a child to attend a private placement.

Your child’s needs and the nature of public placement determine if private placement is appropriate and feasible.

There MUST be an IEP agreement or due process or court ruling that determines that private placement is appropriate before the school district is required to pay for a private placement.

If you decide to place your child in private placement without this in place the district is NOT required to pay for it.

The district does not need to provide special education services to a private schoolnor does it have to provide any services different than or addition to those that would be available if the child was attending public school. If you plan to move your child to a private placement, it is your responsibility to inform the school district of your intent either at an IEP meeting or by 10 days before the removal. If your child is enrolled in a home school program you may have your child evaluated for special education but your services may be limited depending on the decision of the IEP team.

IDEA states that imprisoned children between the ages of 18-21 who have an IEP are entitled to a free and appropriate education.

11. DUE PROCESS:

Parents may file for due process but must do it within two years of the dispute. Once the dispute is filed, the other party has 10 days to respond. Within 15 days of receiving the due process request, the district must conduct a meeting to try to resolve the dispute. This may include mediation or a hearing. A parent has the right to take any dispute they have with their child’s school district to a third neutral party. The decision may be appealed all the way to the Supreme Court.

You may bring anyone you’d like with you to your child’s IEP meeting. This includes doctors, psychologists, advocates, or other specialists you are working with. It is good protocol to inform the district in advance that you are bringing others with you so you don’t appear to be adversarial.

REMEMBER by law, you are an equal partner in the IEP process. No part of the IEP can be implemented without your consent.

PARENT TIP:

To get the best services for your child, collaboration strategies and techniques work best. You can learn more about effective IEP collaboration in the PARENT SUPPORT section. Your can learn more about the IEP process and your parental rights.