Family Brochure on Laws and Conditions
The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with
disabilities throughout the nation. IDEA governs how states and public agencies provide early
intervention, special education and related services to more than 6.5 million eligible infants,
toddlers, children and youth with disabilities.
Infants and toddlers with disabilities (birth-2) and their families receive early intervention
services under IDEA Part C. Children and youth (ages 3-21) receive special education and
related services under IDEA Part B.
Under IDEA 2004:
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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
IDEIA Reauthorizations
On September 28, 2011, the Department of Education published an article in the Federal
Register detailing the updates that have been made to Part C of the IDEA. The regulations are
effective on October 28, 2011. Major changes in the regulations are detailed below:
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The definition of multidisciplinary has been revised to respect aspects of an updated
individualized family service plan (IFSP) team.
Native language is the language normally used by the parents of the child for any child
that is deemed limited English proficient
State’s applications to must include how the State plans to follow the payor of last
resort requirements in Section 303.511
Distinguishes between pre-referral, referral, and post-referral IFSP activities such as
screening, evaluations, assessments, IFSP development, etc.
Specifies that early identification information in provided in the native languages of
various population groups in the State
State must report to the public the performance of each Early Intervention System
program in relation to the State’s Annual Performance Report
For all detailed reauthorizations visit:
http://www.ideapartnership.org/using-tools/topic-briefs.html
Rights of Children with Disabilities and their Families
Rights under the P.L. 94-142
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Free appropriate public education/equal access
Least restrictive environment
Discipline of a child with a disability
Prohibition on mandatory medication
Child Find
Procedural Safeguards
Developmental IEP/IFSP
Related Services (transportation, etc.)
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination on the basis of disability in employment, State and local
government, public accommodations, commercial facilities, transportation, and
telecommunications. It also applies to the United States Congress.
To be protected by the ADA, one must have a disability or have a relationship or association
with an individual with a disability. An individual with a disability is defined by the ADA as a
person who has a physical or mental impairment that substantially limits one or more major life
activities, a person who has a history or record of such an impairment, or a person who is
perceived by others as having such an impairment. The ADA does not specifically name all of
the impairments that are covered.
For a full list of rights under ADA go to:
http://www.ada.gov/cguide.htm
Importance of Inclusion
The principle behind inclusion is that all children should be educated together, and the supports
and services should follow the child into the setting they would attend if they didn't have a
disability. Research indicates children with disabilities learn from their peers who are typically
developing and that all children benefit when supports and services are pushed into a typical
classroom setting.
A TIMELINE OF SPECIAL EDUCATION HISTORY
Prepared by John Peterson
YEAR
1965
HISTORICAL EVENT
Congress adds Title VI to the Elementary
and Secondary Education Act of 1965
creating a Bureau of Education for the
IMPACT ON PUBLIC SCHOOLS
Educating students with disabilities is
still NOT mandated by federal or state
law. However, creation of the Bureau
1972
1973
1974
1975
1977
1986
1990
1990
Handicapped (this bureau today is called
the Office of Special Education Programs or
OSEP).
Two significant supreme court decisions
[PARC v. Pennsylvania (1972) and Mills v.
D.C. Board of Education (1972)] apply the
equal protection argument to students
with disabilities.
Section 504 of the Rehabilitation Act of
1973 is enacted into statute. This national
law protects qualified individuals from
discrimination based on their disability.
The Family Educational Rights and Privacy
Act (FERPA) is enacted.
signified that a change was on the
horizon.
The courts take the position that
children with disabilities have an equal
right to access education as their nondisabled peers. Although there is no
existing federal law that mandates this
stance, some students begin going to
school as a result of these court
decisions.
This national law was enacted with little
fanfare. Most educators were not aware
that this applied to public schools.
Parents are allowed to have access to all
personally identifiable information
collected, maintained, or used by a
school district regarding their child.
The Education for All Handicapped
Before 1975, children with disabilities
Children Act (EAHCA) is enacted. This was
were mostly denied an education solely
also known as P.L. 94-142. Today we know on the basis of their disabilities. EAHCA,
this law as the Individuals with Disabilities
along with some key supreme court
Education Act (IDEA).
cases, mandated all school districts to
educate students with disabilities.
The final federal regulations of EAHCA are
The final federal regulations are enacted
released.
at the start of the 1977-1978 school year
and provide a set of rules in which
school districts must adhere to when
providing an education to students with
disabilities.
The EAHCA is amended with the addition
This amendment makes clear that
of the Handicapped Children’s Protection
students and parents have rights under
Act.
EAHCA (now IDEA) and Section 504.
The Americans with Disabilities Act (ADA) is ADA adopts the Section 504 regulations
enacted.
as part of the ADA statute. In turn,
numerous “504 Plans” for individual
students start to become more common
place in school districts.
The EAHCA is amended and is now called
This amendment calls for many changes
the Individuals with Disabilities Education
to the old law. One of the biggest was
Act (IDEA).
the addition of transition services for
students with disabilities. School
1997
IDEA reauthorized
2001
No Child Left Behind is enacted.
2004
IDEA reauthorized
Districts were now required to look at
outcomes and assisting students with
disabilities in transitioning from high
school to postsecondary life.
This amendment calls for students with
disabilities to be included in on state
and district-wide assessments. Also,
Regular Education Teachers are now
required to be a member of the IEP
team.
This law calls for all students, including
students with disabilities, to be
proficient in math and reading by the
year 2014.
There are several changes from the
1997 reauthorization. The biggest
changes call for more accountability at
the state and local levels, as more data
on outcomes is required. Another
notable change involves school districts
providing adequate instruction and
intervention for students to help keep
them out of special education.
Received from:
http://admin.fortschools.org/PupilServices/StaffInfo/A%20TIMELINE%20OF%20SPECIAL%20ED
UCATION%20HISTORY.htm
Procedural Safeguards of the IDEA
IDEA includes a set of procedural safeguards designed to protect the rights of children with
disabilities and their families, and to ensure that children with disabilities receive a FAPE. The
procedural safeguards include the opportunity for parents to review their child's full
educational records; full parent participation in identification and IEP team meetings; parent
involvement in placement decisions; Prior Written Notice; the right of parents to request
independent educational evaluations at public expense; Notice of Procedural Safeguards;
Resolution Process; and objective mediation funded by the state education agency and
impartial Due Process Hearings
For a full explanation of each safeguard go to:
http://www.usdb.org/pr/Documents/Procedural%20Safeguards%20English%20June%202011.p
df
Additional Links for Information
Legal Rights:
http://www.ndrn.org/index.php
IEP Defined:
http://en.wikipedia.org/wiki/Individualized_Education_Program
http://www2.ed.gov/parents/needs/speced/iepguide/index.html
Resources for Families:
http://www.efrconline.org/index.cfm?page=home
http://www.frcd.org/
http://www.cpacinc.org/
Inclusion:
http://www.heartland.edu/heip/inclusion.jsp
Contacting Local Education Agencies
If you would like to contact local education agencies in Connecticut refer to the following:
http://www.sde.ct.gov/sde/site/default.asp
Once you are on the site click on the tab contact us