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(PL 107-476)
By Sue Ann Goldman, MA, CCC/SLP
The Individuals with Disabilities Act (IDEA) ensures that all eligible children with disabilities have a right to a free, appropriate public education (FAPE) in the least restrictive environment (LRE), and that the rights of these children and their parents are protected. IDEA mandates the provision of special education and related services for children from birth through age 21 and ensures the effectiveness of these services.
IDEA is the landmark law that provides federal funding for all children with disabilities.
IDEA provides minimum requirements that states must satisfy to receive federal funds. States may exceed these requirements. For laws specific to a particular state, contact the local state department of education, office of special education programs.
Who is Eligible?
Students ages 5 to 21 with disabilities in the following areas and in need of special education and related services are eligible for services under IDEA: hearing impairment, deafness, speech or language impairments, mental retardation, visual impairments, blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities, deaf-blindness, or multiple disabilities.
No one criterion may be used to determine eligibility. If a student scores higher than a particular state's mandated criterion for testing, but is shown through observation and other functional measures to have a disability, services cannot be denied.
Although a student's disability must adversely affect educational performance, an eligible student may be performing at grade level. There are three domains in which educational impact may be demonstrated: academic (ability to benefit from the curriculum), social (ability to interact with peers and adults), and vocational (ability to participate in career-related activities). A student with a speech deficit in the area of articulation, voice, or fluency may manifest educational impact through hesitancy to speak in front of peers, frustration when speaking, or unintelligible speech.
Preschool children between the ages of 3 and 5 who present with disabilities and who are in need of special education and related services also may be eligible for services under IDEA. Parents who feel that their preschool child may be at risk developmentally or because of a documented disorder should contact their local education agency to request a preschool evaluation. Infants and toddlers under 3 years of age who would be at risk of experiencing a substantial delay may be eligible for early intervention services under IDEA.
How Are Services Obtained?
An initial evaluation must be completed in order to determine if a child is eligible for services under IDEA. A request for an evaluation can be made by a parent or guardian by writing to the director of special education services or the principal of the local school.
Whether to evaluate and, if so, the nature of the proposed evaluations, is determined at this pre-evaluation meeting. A team of professionals representing all areas relative to a suspected disability attend the meeting and determine, along with the parents, which evaluations should be completed. It is important for parents to voice their concerns at this meeting and to provide any information that may be pertinent to a student's education and ability to learn. In order for school personnel to evaluate a child, parents must give written, informed consent. if a parent refuses to allow a child to be evaluated, procedures are in place by which a school district can challenge and possibly override the parent's refusal in order to move forward with an evaluation.
What Happens After the Evaluation?
After all elements of the evaluation are completed, a meeting is arranged with the parents to discuss the results of the evaluation and to determine eligibility. The team of professionals and the parents review the reports, which must be sent to the parents in advance of the meeting. If it is determined that a child has a disability that fits one of the eligibility categories due to adverse effect on educational performance and need for special education and related services, that child is designated as eligible. Parents who do not agree with the results of an evaluation retain the right to have independent evaluations completed. Results of such evaluations must be considered by the team, but the district officials may decide that the district evaluation is more appropriate.
At any point in the process, parents may ask for mediation if they do not agree to procedures followed by a school district. If mediation does not solve the problem, parents may begin a due process hearing by hiring an attorney.
Because no one test or procedure can be used as a determination of eligibility or ineligibility, parents who feel that a district is following testing criteria too stringently, to the extent of disregarding other findings, may challenge the team recommendations of ineligibility This scenario could occur in the case of a language disorder in states where mandated test scores are in place. If such considerations as teacher input, observation in a classroom setting, and other informal measures show deficits in the area of language, that individual could be found eligible for services.
What is the IEP?
Once a student is found eligible for services, an Individualized Education Program (IEP) is developed. The written IEP explicitly defines the educational program a school district will provide to address the individual needs of a student. It contains measurable annual goals and objectives to help a student succeed in school.
All decisions concerning this document must be the determination of the IEP team, which includes the parents, one or more professionals who evaluated the child, a regular education teacher, a special education teacher, the related service provider, and other professionals at the discretion of the parent. Decisions may not be made by district administrators who are not familiar with the child and who do not attend the meeting. Services that the IEP team finds to be necessary cannot be denied because of cost or lack of resources.
Once goals and objectives are written, placement should be discussed. Students must be placed in the least restrictive environment.
A statement of transition services for students over the age of 14 must be included in the IEP Such services can include vocational training, post-secondary education, continuing and adult education, and independent community living.
The IEP must be reviewed annually, although changes at the request of the parent or district may be considered at any time.
What Is Provided?
Special education services designed to meet students' individual needs, including the related services of audiology, speech-language pathology, physical or occupational services, and counseling are provided to children with disabilities. The purpose of related services is to help a child benefit from special education services. Decisions on related services and their frequency and duration must be made by the IEP team and must be based solely on the needs of the child.
A parent can question decisions that seem to be based on availability of staff or administrative convenience. For example, it is against the tenets of IDEA for a district to have uniform group sizes and time duration. Decisions must be made on an individual basis.
For further information about IDEA, contact the American Speech-Language-Hearing Association at 800-638-8255.
Permission is granted for unlimited photocopying of "Let's Talk." © American Speech-Language-Hearing Association, 2002
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