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Individuals with Disabilities Education Act | IDEA

The Individuals with Disabilities Education Act (IDEA), is the landmark special education legislation that requires states to provide special education and related services to children and youth with disabilities, age 3 through age 21. These specialized services and supports are provided under Part B of IDEA. Before this legislation was passed, over one million children with disabilities were not allowed to attend public school.

IDEA 2004 emphasizes the importance of having high expectations and improved educational results for children with disabilities. Supporting this is increased parent participation in the development of their child's educational program.

The Center for Infants and Children with Special Needs at Cincinnati Children's Hospital Medical Center provides resources to help families find the special education programs and supports they need.

IDEA 2004

IDEA has been revised many times, with the most recent changes signed into law as the Individuals with Disabilities Education Improvement Act on December 3, 2004. IDEA 2004 requires that:

Special education and related services should be designed to meet the unique learning needs of eligible children with disabilities, preschool through age 21.
Students with disabilities should be prepared for further education, employment and independent living.

The final version of IDEA 2004 was published in the Federal Register on August 14, 2006. the regulations go into effect on October 14, 2006.

IDEA 2004 Regulations are available in the Federal Register.
U.S. Department of Education has links to information on IDEA 2004.
Wrightslaw has a reformatted version of IDEA 2004 and a summary of key changes.

Who is Eligible for Special Education?

IDEA covers specific disabilities that have an impact on a child's ability to learn. The child must have an educationally handicapping condition:

Children age 3 through age 5 must have one or more developmental delays in cognitive, communication, social, emotional or adaptive development.
Preschool special education in Ohio information is available from the Ohio Department of Education.

School aged children age 5 through age 21 must have one of the following: autism, cognitive disability (mental retardation), deaf-blindness, deafness, emotional disturbance, hearing impairment, multiple disabilities, orthopedic impairment, specific learning disability, speech or language impairment, traumatic brain injury, visual impairment including blindness, other health impairment.

Whose IDEA is This: A Resouce Guide for Parents, published by the Ohio Department of Education, provides definitions of these disability categories in an appendix at the end of the publication.

Find additional information about special education resources in Kentucky and Indiana.

Referral for Special Education Services

Contact the teacher or principal if you think your child has a disability that is interfering with his ability to learn. Some schools begin the process by providing intervention assistance to see if additional academic and behavioral support would help your child in the classroom. This is sometimes called Information is gathered to see what strategies are successful. No matter where you are in this process, if you suspect that your child has a disability, express your concerns in a letter and request an evaluation. If the school also suspects that your child has a disability that might need special education services, you will be contacted for written permission to begin an initial evaluation. However, the school is not required to conduct an evaluation if it does not suspect a disability. You will be given a copy of your rights, sometimes called procedural safeguards. This will tell you about the special education process and your due process rights if you disagree with the school decision.

Ohio Department of Education has general information on special education as well as their procedural safeguards publication, Whose IDEA is This: A Resouce Guide for Parents.
Ohio Legal Rights Service has a sample letter to send to your school district to request an evaluation for special education services.
Intervention assistance information from the Ohio Department of Education.
Wrightslaw provides information on the "response to intervention" process to assist in the identification of students with specific learning disabilities.

Find additional information about educational resources in Kentucky and Indiana.

Evaluation

Evaluation is the process used to gather information to assist in determining whether your child has a disability and is eligible for special education services. The school district must ask the parent(s) for written permission to begin this initial evaluation process. An evaluation team, including the parents and qualified professionals, will use a variety of tools and strategies to determine if the child has a disability and educational needs that require special education and related services. The evaluation must address all areas related to the suspected disability and include information provided by the parents. Input from your child's physician and other health care providers may also be very helpful. The initial evaluation must be completed within 60 days of receiving parent consent for the evaluation. If you disagree with the findings of the evaluation, you can request an independent educational evaluation by a qualified professional not employed by the school. The school district may either agree to pay for the outside evaluation or decide to defend its own evaluation as valid.

If the team determines that your child has a disability that requires special education sevices, an individualized education program, called an IEP, will be developed to address those unique learning needs.

A child who is not eligible for services under IDEA, may qualify for supports under another law called Section 504 of the Rehabilitation Act. Section 504 covers a broader range of disabilities that limit major life activities.

Special Education

Special education is specially designed instruction to meet the unique educational needs of an eligible child with a disability. It includes instruction in general education and physical education, as well as participation in extracurricular and other nonacademic activities. Special education could include adapting the content, teaching methods or delivery of instruction to address a child's unique learning needs. A student may be evaluated for special education services if the disability adversely affects educational performance. Students are eligible to receive services from age 3 through age 21, or until the receipt of a high school diploma, whichever is earlier.

Related Services

Related services are provided if it is determined that these services are required to assist the child to benefit from the special education program. Related services can include: speech, physical or occupational therapy, audiology, psychological services, interpreting services, recreation, including therapeutic recreation, social work services, counseling services, orientation and mobility services, school nurse services, including the development of an individualized health care plan, transportation services and medical services that assist with diagnosis and evaluation.

Least Restrictive Environment (LRE)

Special education instruction must be made available to students in what is known as the least restrictive environment (LRE). This means that a child be educated and participate with nondisabled peers, to the maximum extent appropriate, in general education, extracurricular and other nonacademic activities. Special education instruction can be provided in a number of ways, on a continuum from least restrictive to more restrictive settings. This could include instruction in regular classes, special classes, special schools, home instruction, hospitals or institutions.

Operating Standards for Ohio's Schools Serving Children with Disabilities provides guidelines on LRE, the continuum of services and teacher ratios.

Supplementary aids and services must be provided to enable the child to be in the least restrictive environment possible. This can include classroom aids, assistive technology devices, computers, adaptations and modifications to physical environments and other supports so that children with disabilities can be educated with their nondisabled peers to the maximum extent appropriate.

Free Appropriate Public Education (FAPE)

IDEA ensures that children with disabilities have access to a free and appropriate public education (FAPE). This means that special education and related services are provided by public schools at no cost to the family. What is an appropriate education differs for each child with a disability, yet each child is entitled to an individualized education program (IEP) to address learning needs.

Reevaluation

A reevaluation of the child must take place at least once every three years, but it can be requested at anytime if the school or parents feel aditional evaluation information is necessary. A reevaluation may include more formal testing or a review of existing school work and assessments. The results help to determine if the child is still in need of special education services.

Additional Resources

Child Advocacy Services at Memorial provides information, support and local advocacy services to parents of children with special education needs. Call 513-621-3032 for more information.

Family Voices has information and resources about special education as well as locating local state chapters.

Families and Advocates Partnership for Education (FAPE) provides a summary of key changes under IDEA 2004.

Hamilton County Head Start provides preschool programming for children whose families meet financial eligibility criteria.

National Center for Learning Disabilities Parent Center provides information on IDEA and a glossary of IDEA terms.

National Disemination Center for Children with Disabilities (NICHCY) has comprehensive information on special education and IDEA 2004. They also provide State Resource Sheets with contact information for the Department of Education in each state. A cheat sheet is available to help you find resources.

Office of Special Education Programs (OSEP) has information and resources on special education services.

Ohio Coalition for the Education of Children with Disabilities (OCECD) is the regional parent center dedicated to advancing the educational interests of children with disabilities. They provide advocacy services, workshops, information and referral.

Ohio Department of Education provides updated information on special education in Ohio including Whose IDEA is This: A Resouce Guide for Parents, Operating Standards for Ohio's Schools Serving Children with Disabilities and an overview of special education laws.

Ohio Legal Rights Service is an independent state agency that provides protection, advocacy and assistance for children and adults with disabilities in Ohio. They have information on IDEA as well as frequently asked questions about special education services and supports.

Parent Training and Information Centers are located in each state to help families obtain appropriate education and services for their children with disabilities.

School Standards Guides provide information on the curriculum and goals in Ohio.

Southwestern Ohio Special Education Regional Resource Center (SERRC) provides information, support and training. A directory of SERRC offices in other areas in Ohio is available.

Special Education News has a free newsletter and provides current information on topics including teaching methods, legislation and educational supports.

U.S. Department of Education has model IEP, procedural safeguards and prior written notice forms.

Wrightslaw has current information about the special education process as well as tips on writing letters to request services and a glossary of special education terms.