Understanding Basic Systems

Education

What is the Individuals with Disabilities Education Act?

The Individuals with Disabilities Education Act (IDEA) is a federal law that provides federal funds to states to educate children with disabilities. Every child is entitled to a Free (no cost to parent) Appropriate (designed to meet the unique needs of the child) Public (using public funds in a public environment) Education (intent to provide education regardless of severity of disability) or FAPE. Schools are required to seek out and find all children with disabilities, ages 3 through 21, who may need special education benefits and related services.

To be eligible under IDEA a child must fit into one of the specified disability categories; the disability must adversely affect the child’s ability to learn; the child must need specially designed instruction (special education); and is targeted for children ages 3 through 21.

Specified IDEA categories:

• Mental retardation
• Hearing impairments including deafness
• Speech or language impairments
• Visual impairments including blindness
• Emotional disturbance, orthopedic impairments
• Autism
• Traumatic brain injury
• Multiple disabilities
• Specific learning disabilities
• Other health impairments

The 504 Plan

Children not eligible under IDEA may be eligible under Section 504. Section 504 is part of the Rehabilitation Act of 1973, a civil rights act that protects the rights of people with disabilities. A person is defined as disabled if he or she has a mental or physical impairment that substantially limits a major life activity and requires special accommodations. This could include but is not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Among other conditions, a student may qualify for a Section 504 Plan with a diagnosis of HIV/AIDS; epilepsy, heart malfunctions, communicable diseases, urinary conditions, a child with prenatal exposure to alcohol or drugs, blood disorders and other disabilities that could impede the ability to learn without modifications, but does not require specialized instruction.

Early Intervention

Early Intervention Programs are the means for identifying preschool children who may benefit from special education services

Special Education Services According to Age:

Birth to 3 years: “Early Intervention” - child’s needs, developmental goals for child and services to be provided documented in Individualized Family Service Plan (IFSP).

3 to 5 years: “Early Childhood Education” - child’s needs, school readiness goals for child, and services to be provided documented in Individualized Education Plan (IEP).

5 to 21 years: “Special Education” - child’s special educational needs, annual goals and objectives for child during school year, and services to be provided documented in Individualized Education Plan (IEP).

Special Education

Special Education is “specifically designed instruction that meets the unique needs of a child with a disability.” Special Education may include, among other services:

Modified classroom instruction, assisted teaching with an aide, assistive technology, behavioral intervention plans, adaptive physical education, vocational services, methodology, transition and related services.

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