IDEA – Individuals with Disabilities Education Act

Education is one of the most important aspects of a fruitful life. The knowledge obtained in school, even in the earliest years of education, can prove priceless in your success in life. But for people with disabilities, education has not always been accessible.

For the majority of our history, disabled persons have been stigmatized. Even if the person’s cognitive ability was not at all diminished, physical disability was enough to warrant the term “retarded”. Until the middle of this century, most disabled persons were not allowed to attend public schools, and were often sent away to group homes and residential schools, many of which treated them with cruelty and disrespect. Today, in an age of relative political correctness, we are hopefully less likely to label disabled persons and more willing to accept and embrace the differences that make us human. This shift in social mentality may be seen likewise in our policy-making.

Beginning in the 1960s, federal, state and municipal bodies of law started to provide educational opportunities to children with disabilities that to this day continue to expand and improve. Probably the most influential of all legislation in guaranteeing disabled persons the right to an education is the Individuals with Disabilities Education Act, or IDEA, administered by the Department of Education (DOE) and by each state. When originally enacted in 1975, this law was called the Education for All Handicapped Children Act of 1975, also known as Public Law 94-142. IDEA was extensively amended in 1997 and has improved educational opportunities for all disabled children immeasurably.

IDEA requires the Department of Education to distributes funding for the education of children with disabilities to every state that meets or exceeds the special education requirements set forth by IDEA and the Department of Education. IDEA requires that, in order to receive funding, a state must provide: a “free appropriate public education” under the “least restrictive environment”; an approved special education program; the opportunity to “mainstream” your child, or include him or her in the regular curriculum; and follow a vast array of procedural rights for you and your child. The allure of federal funding has been compelling enough to move all states to provide special education programs for all disabled children, including your child with cerebral palsy.

The law, however, can only go so far. IDEA only establishes the minimum requirement in special education services that a state must fulfill in order to receive funding, so it is possible that your state’s special education program is not perfectly suited for the educational needs of your cerebral palsied child. States can choose to improve upon their special education programs past what IDEA has outlined, and some have (you can check with your intake/placement officer in your child’s special education program for further details of their services). Thus far, it seems that, overwhelmingly, the most effective method of improving local special education programs has been parents, organizations, caretakers and advocacy groups pushing the state to exceed the federal requirements laid out in IDEA.

Despite its flaws, the Individuals with Disabilities Education Act has improved special education in America by leaps and bounds. It is intended to make special education accessible to all children with disabilities, including children with autism, mental retardation, orthopedic impairments, hearing impairments, multiple disabilities and, of course, cerebral palsy. Even if your child has not been formally diagnosed with a disability, he or she may still be eligible for services under the law. If he or she is aged three or under and is found to be “at-risk of experiencing a substantial developmental delay”, he or she may eligible for early intervention services, until they receive a formal diagnosis and have reached the age for entering regular or special education. Basically, if it has been established that your child’s disability hinders her ability to learn, she should be eligible for federal funding under IDEA.

The term “free appropriate public education” lies at the heart of IDEA. “Free” means that your child’s special education comes at no cost to you, regardless of your ability to pay. If you choose to place your child in a program other than what your school district approves, however, you run the risk of having to bear the full cost of tuition yourself. “Appropriate” refers to assuring that the education your child receives achieves success. It does not mean, however, that your child is guaranteed the best education to fit his or her needs or the best education money can buy, only that the program achieves “educational success.” The state must establish measurable goals that will lead children toward economic independence, community living, and employment in their adulthood. Basically, an “appropriate” education means that the extent of services your child is entitled to is based on the extent of his or her disability. IDEA also requires parents and educators to work together to build the most suitable plan for your child, called an Individualized Education Plan, or an IEP. You know your child’s abilities better than anyone else and only you can decide what is best for your child.

Under IDEA, an appropriate education is comprised of “special education and related services.” The “special education” aspect refers to specialized instruction unique to the needs of the child provided in a range of settings (regular education classrooms, separate classrooms, home instruction, private schools, institutions or hospitals). The special education services are provided by the school district through regular education teachers, special education teachers, therapists and other trained professionals. The “related services” that your child may be entitled to are generally defined as transportation and other developmental, corrective and supportive services necessary for the educational success of your child.

These services by themselves are not enough under IDEA: it specifies that your child be educated in the “least restrictive environment”, meaning that your child is entitled to have the most contact possible at school with his or her non-disabled peers and involvement in the general curriculum. This specification came from years of parents advocating for their children to be mainstreamed. As mentioned earlier, the general historical practice towards disabled children has been partial, if not total, isolation. IDEA, in part, seeks to end this practice by guaranteeing a child’s right to inclusion. Many schools may suggest educating children with cerebral palsy in separate setting. Most children with cerebral palsy, however, can receive their instruction in a regular education setting, so long as the proper auxiliary aids are provided.

Coverage under IDEA begins by law at the age of three and continues until at least 18, and in some cases 21. The amount of time your child spends in school each year will depend on their assessment. Usually children covered under IDEA spend the average 180 days in school each year, but for some children with disabilities who have a diminished mental capacity and may regress without year-round instruction, summer classes may be offered.

This is only a rough overview of IDEA and the services provided through its enactment. The Individuals with Disabilities Educational Act actually consists of a lengthy volume of laws and regulations. To obtain copies of IDEA in its entirety, you can contact the U.S. Senate, The House of Representatives, the Department of Education and private organizations.