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The Individuals with Disabilities Education Act (IDEA)

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Introduction

The Individuals with Disabilities Education Act (IDEA) mandates that the school must provide any service that your child requires in order to benefit from his or her school program. This may include therapies such as occupational, physical and speech; assistive technologies, including communication devices; and other services and supports such as behavioral services, transportation, a one-to-one aide and resource specialist services.

History

The Individuals with Disabilities Education Act (IDEA) is the federal law that describes how children with disabilities must be educated and includes schools’ responsibilities for their education. Originally passed in 1975, the law was last amended in 2004. California has its own laws governing special education, however, these laws are generally similar to IDEA.

IDEA was passed by the federal government to ensure that every person with a disability between the ages of 3 and 22 receives a free and appropriate public education that “meets his or her unique needs and prepares him or her for employment and independent living.”

Amendments to IDEA have made special mention of two issues of importance to the education of children with disabilities. These include:

  • “having high expectations for [these] children and ensuring their access [to] the general curriculum to the maximum extent possible; and
  • strengthening the role of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home.”

More specifically, the law guarantees a child four things:

IDEA says that a child with a disability is entitled to services and supports necessary for the child to benefit from his or her educational program, and that these services and supports are provided at no cost to the parent. Furthermore, this educational program must be appropriate for the child.

This means two things: first, that the program is based on an individualized assessment and planning process; and second, that the child receives educational benefit from it. It is important to note that IDEA does not mandate that the school district provide the “best” or “better” educational program. It only requires that the plan be appropriate and that it enable the child to progress toward achievement of goals identified in the education plan.

The least restrictive educational environment for a child with a disability is a regular classroom with typical children of the same age in the neighborhood school. IDEA says that a child may only be served in a more restrictive setting, such as a special day class or a special school, if the child has demonstrated that he or she cannot be successful in a less restrictive environment with supports.

The following are examples of environments that are more restrictive than the regular classroom:

  • Part of the day in a regular classroom, but with some part of the day spent in a separate room working with a resource specialist.
  • Education in a separate classroom serving only children with disabilities, but with some part of the day spent in activities with non-disabled children.
  • The full day in a special day class.
  • A special school or center serving only children with disabilities.

An assessment consists of a set of tests and observations by a team of professionals that forms the basis for a child’s educational program. The assessment must include all areas thought to be affected by his or her disability, such as health and development, vision and hearing, language, general ability, academic performance, self-help and other adaptive behaviors, motor, orientation and mobility, career and vocational abilities and interests, and social and emotional functioning.

A fair assessment is one that gives an accurate and complete picture of the child. A child must be assessed individually, in his or her primary language, and the tests the child is given must be fair for him or her so as not to disadvantage the child based on language, gender, race or cultural background.

Standardized tests are generally used, but when they are not suitable, other methods, such as observations and interviews may also be conducted by qualified professionals.

IDEA requires that a child be assessed at least every three years and that parents give consent for their child to be assessed. After consent is received, the school develops an assessment plan that describes what kind of tests and measures the school will use and who will administer the assessments. A notice of due process is sent to parents along with the assessment plan that explains the rights parents have to disagree with the school district about their child’s assessment plan.

IDEA strongly supports parent involvement in the education of their children. One important way that parents can be involved is by participating in the development of their child’s Individualized Education Program (IEP). Parents also have a role to play, however, in the assessment process and in implementing the IEP.

It is also possible for parents to be involved at a higher level with the educational system. Every Special Education Local Planning Area (SELPA) which may be a single school district or multiple school districts joined together, has a Community Advisory Council (CAC). The CAC is made up of parents and interested community members who advise the SELPA’s director of special education on matters related to the special education program. CACs usually have monthly meetings that any parent may attend.

Additionally, the law requires the following:

  • That each child have a written Individualized Education Program (IEP)
  • The right of due process if parents disagree with the school about their child’s education program

SELPAs in Lanterman’s Service Area

If you are interested in participating with your local Community Advisory Council (CAC), following is contact information for the SELPAs in Lanterman’s service area.

Los Angeles Unified School District SELPA
333 South Beaudry Avenue
Los Angeles, CA 90017
213.241.6701
Visit their website 

Pasadena Unified School District SELPA
351 South Hudson Avenue
Pasadena, CA 91109
626.396.3617
Visit their website

Foothill SELPA (Serving Burbank, Glendale and La Cañada Unified Schools)
223 North Jackson Street
Glendale, CA 91206
818.241.3111, x. 509

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