Understanding the Individuals with Disabilities Education Act (IDEA) Brief History: 1968 the government supported the training of special education teachers and related specialists 1971 & 1972 court decisions support right of every child, including children with disabilities, to be educated 1975 Education for All Handicapped Children’s Act (EHA) (PL 94-142) guaranteed free, appropriate public education for children with disabilities ages 321 1983 EHA (PL 98-199) Established services to facilitate transition from school to work, parent training and information centers (PTI’s) 1986 Education for All Handicapped Children’s Act (EHA)Amendments (PL 99457) mandated and established early intervention for children birth to three (Part H) 1990 (EHA) amendments changed name of act to the Individuals with Disabilities Education Act (IDEA) (Pl 101-476), mandated transition services, defined assistive technology and added autism and traumatic brain injury to special education categories 1997 IDEA Amendments (PL 105-17) amendments from 1992-1997 strengthened transition initiatives, especially from high school to adulthood and reporting of progress to parents as often as children without disabilities. 2004 IDEA Amendments changed name to Individuals with Disabilities Education Improvement Act Funding IDEA authorizes grants to states for funding early intervention, special education and national programs. State and local funding summary http://idea.ed.gov/explore/view/p/,root,dynamic,TopicalArea,9, www.gucchdgeorgetown.net/CPEI p. 1 Parts of IDEA Part A- outlines the purpose of the law and definitions Part B- special education for children 3-21, guarantees FAPE for all students in public education Part C- early intervention for children 0-3 with option for some states 0 through 5 Part D- national activities for parent training, personnel preparation and technology Reauthorization Laws can be discretionary meaning they expire at a predetermined time and have to be reauthorized or they can be permanent and do not expire. IDEA has both permanent and discretionary parts to the law and requires reauthorization Parts A, C and D are discretionary and must be reauthorized about every 5 years Part B, FAPE is permanent and although it does not require reauthorization, both the discretionary and permanent Parts of IDEA are reexamined and amended during the reauthorization process There is an allowance for 1 year automatic reauthorization when parts of IDEA expire and the federal funding stays the same for that time period Once reauthorized, regulations are required to guide states in implementing the law References The Education Advocate, Special Edition Oct/Nov Vol 1 No. 4 The ARC of New Jersey. Available at http://www.arcnj.org/pdfs/edad_Oct2002.prn.pdf National Dissemination Center for Children with Disabilities (NICHCY) http://old.nichcy.org/reauth/goodman.htm Regulations After IDEA is reauthorized, regulations to implement the law are drafted, put up for public comment and finalized by the US Department of Education Regulation processes usually takes more than one year and often longer Regulations for Part B of the 2004 reauthorization of IDEA were finalized in December of 2008 The draft regulations for Part C were withdrawn in January 2009 for further review by the US Department of Education and are still pending www.gucchdgeorgetown.net/CPEI p. 2 Resources Archived 25 Year History of IDEA http://www.ed.gov/policy/speced/leg/idea/history.html Building the Legacy: IDEA 2004 http://idea.ed.gov/explore/home National Early Childhood Technical Assistance Center Part C Updates, 10th Edition (2008) http://www.nectac.org/~pdfs/pubs/partcupdate2008.pdf Primer on IDEA Regulations http://www.cec.sped.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/Content Display.cfm&CONTENTID=7601 Progress in Providing Services to Young Children with Special Needs and Their Families: An Overview to and Update on the Implementation of the Individuals with Disabilities Education Act (IDEA) http://www.nectac.org/~pdfs/pubs/nnotes12.pdf 619 Profile, 16th Edition 2009 www.nectac.org/~pdfs/pubs/sec619_2008-09.pdf Parent Mentors of Ohio http://www.thelinkto.org/parentmentor/history_of_idea.htm Wrightslaw.com http://www.wrightslaw.com/us.htm Cite As: Georgetown University Center for Child and Human Development. Contemporary Practices in Early Intervention: Understanding the Individuals with Disabilities Education Act (IDEA) Factsheet. 2009. Available online at http://www.gucchdgeorgetown.net/CPEI. www.gucchdgeorgetown.net/CPEI p. 3 www.gucchdgeorgetown.net/CPEI p. 4