On the Same Team
| On the Same Team |
Building collaborative special education relationships between home and school.
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| Copyright © 2009, Maureen A. Lowry-Fritz. All rights reserved. Disclaimer: The information on this website does not constitute legal advice. It is solely for informational and educational purposes. It is not intended to be a legal recommendation, nor should it substitute for obtaining legal counsel from your own attorney. It may or may not represent the current law in your state or locality. |
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| Individuals with Disabilities Education Act of 2004 (IDEA) |
IDEA is a federal law enacted to secure for children with disabilities a free appropriate public education (FAPE) that includes uniquely
designed special education and related services. IDEA is a pronouncement of rights. Parents and teachers must remember that a "right" is
not a "gift" or a "favor." A right is an entitlement.
IDEA states that your child or studen is entitled to certain special education services, and that parents and educators are entitled to contribute
to the development of her educational program. These rights are similar to our right to protection by local police and firefighters. They are
much like our right to use the public library and drive on public roads. None of these rights can be denied on the basis of a disability, or
severity of a disability.
In addition to being a pronouncement of rights, IDEA is a guarantee. IDEA guarantees a child’s educational rights, as well as a parent's rights
to participate in the educational process. If a parent feels that his/her child’s educational program is flawed (the child is not progressing), the
parent must work with school personnel in order to develop a more appropriate IEP. Remember, the law is a child’s guarantee to an
appropriate education! It covers all children – regardless of the severity of their needs or disabilities.
IDEA is in the United States Code Volume 20, starting at Section 1401. It is divided into four parts – A through D.
Part A: General Provisions, Definitions and Other Issues
Part B: Assistance for Education of All Children with Disabilities
Part C: Infants and Toddlers with Disabilities
Part D: National Activities to Improve Education with Disabilities
The IDEA regulations are included in Volume 34 of the Code of Federal Regulations (C.F.R.), starting at Section 300.
What Are The Student's Rights?
IDEA provides a multitude of rights that will be discussed in great detail throughout this site. Here is a synopsis of what IDEA Parts A and B
guarantee the students (and parents):
IDEA is the primary law that impacts children with disabilities and their parents. It gives the student a legal right to a free appropriate public
education (FAPE). IDEA also creates a pivotal role for parents to affect their child’s educational program.
IDEA touches everything that parents and teachers do to obtain an appropriate education for the student. Parents must become
knowledgeable about and comfortable with the rights IDEA confers. Parents and teachers must collaborate and communicate in order to
develop and maintain an appropriate educational program for the student.
Purposes of IDEA
IDEA has a variety of purposes, including the following:
• To provide to all children with disabilities a free appropriate public education (FAPE) that includes special education and related
services designed to meet their individual needs and prepare them for employment and self-sufficient living;
• To protect the rights of children with disabilities and their parents;
• To help States, localities, and educational and Federal agencies provide for the education of all children with special needs;
• To help States implement a statewide, all-inclusive, coordinated, multidisciplinary, interagency structure of early
intervention services for children age 0-3 with disabilities and their families;
• To guarantee that educators and parents possess the essential tools to advance educational results for children with disabilities by
implementing systemic-change activities; personnel development; coordinated technical aid, distribution, and support; and technology
improvements and media services; and
• To evaluate, and guarantee the value of, efforts to educate children with disabilities.
designed special education and related services. IDEA is a pronouncement of rights. Parents and teachers must remember that a "right" is
not a "gift" or a "favor." A right is an entitlement.
IDEA states that your child or studen is entitled to certain special education services, and that parents and educators are entitled to contribute
to the development of her educational program. These rights are similar to our right to protection by local police and firefighters. They are
much like our right to use the public library and drive on public roads. None of these rights can be denied on the basis of a disability, or
severity of a disability.
In addition to being a pronouncement of rights, IDEA is a guarantee. IDEA guarantees a child’s educational rights, as well as a parent's rights
to participate in the educational process. If a parent feels that his/her child’s educational program is flawed (the child is not progressing), the
parent must work with school personnel in order to develop a more appropriate IEP. Remember, the law is a child’s guarantee to an
appropriate education! It covers all children – regardless of the severity of their needs or disabilities.
IDEA is in the United States Code Volume 20, starting at Section 1401. It is divided into four parts – A through D.
Part A: General Provisions, Definitions and Other Issues
Part B: Assistance for Education of All Children with Disabilities
Part C: Infants and Toddlers with Disabilities
Part D: National Activities to Improve Education with Disabilities
The IDEA regulations are included in Volume 34 of the Code of Federal Regulations (C.F.R.), starting at Section 300.
What Are The Student's Rights?
IDEA provides a multitude of rights that will be discussed in great detail throughout this site. Here is a synopsis of what IDEA Parts A and B
guarantee the students (and parents):
- All children 0-21 are entitled to a free appropriate public education (FAPE) created to meet their unique needs.
- All students must be given an individualized education program (IEP), to be created in a cooperative process by parents and
- All students with special needs must be educated with their typically developing peers to the maximum extent possible (a.k.a. the
- When appropriate, IEPs must include plans and services providing for a student’s transition from school to adult life.
- Schools must provide assistive technology to students who, without such devices, would be unable to attain an appropriate
- Schools must implement procedural safeguards to protect the rights of parents and children.
IDEA is the primary law that impacts children with disabilities and their parents. It gives the student a legal right to a free appropriate public
education (FAPE). IDEA also creates a pivotal role for parents to affect their child’s educational program.
IDEA touches everything that parents and teachers do to obtain an appropriate education for the student. Parents must become
knowledgeable about and comfortable with the rights IDEA confers. Parents and teachers must collaborate and communicate in order to
develop and maintain an appropriate educational program for the student.
Purposes of IDEA
IDEA has a variety of purposes, including the following:
• To provide to all children with disabilities a free appropriate public education (FAPE) that includes special education and related
services designed to meet their individual needs and prepare them for employment and self-sufficient living;
• To protect the rights of children with disabilities and their parents;
• To help States, localities, and educational and Federal agencies provide for the education of all children with special needs;
• To help States implement a statewide, all-inclusive, coordinated, multidisciplinary, interagency structure of early
intervention services for children age 0-3 with disabilities and their families;
• To guarantee that educators and parents possess the essential tools to advance educational results for children with disabilities by
implementing systemic-change activities; personnel development; coordinated technical aid, distribution, and support; and technology
improvements and media services; and
• To evaluate, and guarantee the value of, efforts to educate children with disabilities.
Read the Laws:
United States Constitution
IDEA
IDEA Regulations
State special education statutes
Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 Regulations
Forest Grove School District v. T.A., 557 U.S. ____ (2009)
Board of Education of City School District of City of New
York v. Tom F., 128 S.Ct. 1 (2007)
Winkelman v. Parma City School District, 127 S.Ct. 1994
(2007)
Arlington Central School District Board of Education v.
Murphy, 126 S.Ct. 2455 (2006)
Schaffer v. Weast, 126 S.Ct. 528 (2005)
Florence Co. Sch Dist Four v. Shannon Carter, 510 U.S. 7,
(1993)
Honig v. Doe 484 U.S. 305 (1988)
Burlington School Committee of the Town of Burlington v.
Department of Education of Massachusetts 471 U. S. 359
(1985)
Irving Independent School District v. Amber Tatro 468 U.S.
883 (1984)
Board of Education of the Hendrick Hudson School District v.
Rowley, 458 U.S. 176 (1982)
Brown v. Board of Education, 347 U.S. 483 (1954)
United States Constitution
IDEA
IDEA Regulations
State special education statutes
Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 Regulations
Forest Grove School District v. T.A., 557 U.S. ____ (2009)
Board of Education of City School District of City of New
York v. Tom F., 128 S.Ct. 1 (2007)
Winkelman v. Parma City School District, 127 S.Ct. 1994
(2007)
Arlington Central School District Board of Education v.
Murphy, 126 S.Ct. 2455 (2006)
Schaffer v. Weast, 126 S.Ct. 528 (2005)
Florence Co. Sch Dist Four v. Shannon Carter, 510 U.S. 7,
(1993)
Honig v. Doe 484 U.S. 305 (1988)
Burlington School Committee of the Town of Burlington v.
Department of Education of Massachusetts 471 U. S. 359
(1985)
Irving Independent School District v. Amber Tatro 468 U.S.
883 (1984)
Board of Education of the Hendrick Hudson School District v.
Rowley, 458 U.S. 176 (1982)
Brown v. Board of Education, 347 U.S. 483 (1954)
Understand the Laws:
United States Constitution
IDEA
Section 504 of the Rehabilitation Act of 1973
Special education case law
Learn about the American Legal System.
United States Constitution
IDEA
Section 504 of the Rehabilitation Act of 1973
Special education case law
Learn about the American Legal System.