If you think your child needs special education services, you have to follow a legal process to make it happen. This process can be confusing, and it can involve several laws. The Individuals with Disabilities Education Act (IDEA) is the most important one to understand.
As the nation’s special education law, IDEA provides rights and protections to children with disabilities and to their parents or legal guardians. Learning your rights under IDEA can make it easier to get the help your child needs (and is legally entitled to) at school.
The Purpose of IDEA
IDEA was first passed in 1975. (At that time, it was called the Education for All Handicapped Children Act.) The primary purposes of IDEA are:
To provide a free appropriate public education (FAPE) to children with disabilities. IDEA requires schools to find and evaluate students suspected of having disabilities, at no cost to families. This is called Child Find. Once kids are found to have a qualifying disability, schools must provide them with special education and related services (like speech therapy and counseling) to meet their unique needs. The goal is to help students make progress in school. Read more about what is and isn’t covered under FAPE.
To give parents or legal guardians a voice in their child’s education. Under IDEA, you have a say in the decisions the school makes about your child. At every point in the process, the law gives you specific rights and protections. These are called procedural safeguards. For example, one safeguard is that the school must get your consent before providing services to your child.
Services Under IDEA: Who’s Eligible
Not every child is eligible for special education under IDEA, and having a diagnosis doesn’t guarantee eligibility. To qualify, your child must have a disability that falls under one of the 13 categories IDEA covers. They are:
Other health impairment (includes ADHD)
Specific learning disability (includes dyslexia, dyscalculia, dysgraphia, and other learning differences)
Speech or language impairment
Traumatic brain injury
Visual impairment, including blindness
However, having one of these disabilities doesn’t automatically qualify a child under IDEA. To be eligible, a student must:
Have a disability and, as a result of that disability…
Need special education to make progress in school
If, for instance, a student has ADHD and is doing well in school, the student might not be covered by IDEA. Sometimes schools and parents disagree over whether a child is covered. When that happens, IDEA provides options for resolving the dispute.
In 2017–2018, around 7 million students ages 3 to 21 received special education services under IDEA. That’s 14 percent of all public school students. The most common way students qualify is with a specific learning disability. Source: National Center for Education Statistics.
How to Get Services Under IDEA
An evaluation gets the ball rolling under IDEA. You can request an evaluation at any time. And if the school thinks a child might have a disability, it must conduct an evaluation.
The evaluation not only determines if a student has a disability. It also sheds light on what services and support that student might need.
After the evaluation, the school will hold an eligibility meeting to decide if your child qualifies for special education. If the answer is yes, you’ll work with a school team to develop an Individualized Education Program (IEP). An IEP is a legal document that spells out a child’s educational goals and the services and support the school will provide.
The Role of Parents and Caregivers
IDEA recognizes that you are your child’s most important advocate. The law gives you a say in decisions about your child’s education, as well as many key rights.
To take full advantage of IDEA protections, though, you have to speak up for your child. Learn 10 simple ways to advocate for your child.