- Individuals with Disabilities Education Act (IDEA): Protects and ensures a free appropriate public education, in the least restrictive for all individuals aged birth to 21 years of age who meet the criteria for eligibility as outlined within the law.
- Americans with Disabilities Education Act (ADA): Protects all Americans with disabilities from undo discrimination and ensures accessibility to public buildings and centers.
- Eligibility: Refers to the process by which the district (or representing Agency) determines whether a child is entitled to receive special education support or services under the guidelines outlined in IDEA
- Districts are required to repeat evaluations every 3 year to ensure the child is still eligible for special education supports and services.
- Individualized Education Plan: A legally binding document that ensures an individual who is found eligible for special education support or services receives those services and in an appropriate setting comparable to the nature and severity of disability. An IEP will outline the student’s eligibility criteria, present level of functioning, goals, curriculum accommodations or modifications, additional support services required and the student’s educational placement.
- An IEP is binding for one year (unless otherwise noted or there is a reason to reconvene another meeting for an addendum) and the IEP team is legally required to meet yearly to create a new document.
- Free Appropriate Public Education (FAPE):
- FAPE is defined as an educational program that is individualized to a specific child:
- that meets that child’s unique needs
- provides access to the general curriculum to the maximum extent possible
- meets the grade-level standards established by the state
- and from which the child receives educational benefit
- FREE: A “free” education means educational services must be provided at public expense, under public supervision and direction, and without charge to parents except for fees that are charged for all students
- APPROPRIATE: An “Appropriate” education is one that meets the unique needs of each individual by addressing academic and functional needs.
- PUBLIC: Level of services always starts the local public school or support services within a district. If private intervention or schooling is deemed necessary based upon on the nature and severity of the child’s needs then district is financially responsible to pay for that child’s services.
- FAPE is defined as an educational program that is individualized to a specific child:
- Least Restrictive Environment (LRE): Under IDEA, all students with disabilities are entitled to an education in the Least Restrictive Environment. Least restrictive environment refers to the extent to which a student with a disability has the opportunity to be educated with their non-disabled peers. This is determined by the nature and severity of the child’s disability but the IEP must always review the continuum of services to ensure the child is educated with their non-disabled peers to the maximum extent possible.
- Continuum of Services:
- Parent Participation and Procedural Safeguards:
- At each age and at every meeting, parent(s) are required participants.
- At any point, a parent can refuse services, ask for more or less services or dispute the educational plan presented by the District.
- A parent has the right to obtain an advocate or attorney to help them better understand the process or better advocate for services for their child.
- At every meeting, a district representative is required to give parents a copy of their procedural safeguards – which is an outline of the parents’ rights to ensure they are satisfied with the supports and interventions provided to their child
