Equity in Education Legal Database v0.1
 

Related Court Cases

Board of Education of Hendrick Hudson Central School District v. Rowley (1982)

Independent School District No. 283 v. SD (1996)

Irving Independent School District v. Tatro (1984)

  

Individuals with Disabilities Education Act (IDEA)

Details:

The Individuals with Disabilities Education Act (IDEA)was designed to ensure free and appropriate public education (FAPE) for all children with disabilities. FAPE, for children with disabilities, entails "special education and related services that are provided at public expense, under public supervision and direction without charge and are provided in conformity with the child's individual education plan (IEP)." IDEA is an extensive and detailed law that defines the responsibilities schools have towards children with disabilities, and also provides federal funding to states to support them in educating those children. It also details the requirements for special education teacher licensure. The categories of disability by which a child is deemed eligible to receive services include:

  • Autism
  • Deafness
  • Deaf-blindness
  • Hearing impairment
  • Mental retardation
  • Multiple Disabilities
  • Orthopedic impairments
  • Health Impairments
  • Serious emotional disturbance
  • Specific learning disabilities (i.e. dyslexia, dysgraphia, dyscalcula)
  • Speech or language impairment
  • Traumatic brain injury
  • Visual Impairment

This law has undergone several name changes in its history. For simplicity, all incarnations of this law are referred to within this database as IDEA. IDEA was most recently updated, amended, and expanded in 2004.

 

Applications and Implications:

  • The state must provide services for eligible children between the ages of 3 and 21.
  • States are required to identify and track students with disabilities and plan for their needs.
  • Identification of students must not be disciminatory based on language, culture, or student background.
  • A specific IEP developed by a multidisciplinary team must be written, implemented, and occasionally reviewed. Parents must be invited to these meetings.
  • The IEP must describe how the student will be integrated into the general curriculum and detail the aids and accommodations the student receives.
  • Parents' participation must be included in the identification and evaluation of students with disabilities.
  • Transition services must be included in all IEPs by at least age 16.
  • Students with disabilities must be placed in the least restrictive environment within the continuum of educational services.
  • Students with disabilities are required to take part in assessments and to be provided with appropriate accomodations, modifications, and/or alternative assessments.

 

Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 262-290.

Vaughn, Sharon, Candace S Bos, and Jeanne Shay Schumm (2006). Teaching Exceptional, Diverse, and At-Rist Students in the General Education Classroom. Boston, MA: Allyn & Bacon, p. 2-5.
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