Individuals With Disabilities Education Act
- The IDEA originated in 1975 as The Education for all Handicapped Children Act (EAHCA) then was rechristened its current name on October 30, 1990. Since then, it has gone through several rounds of amendments, broadening the definition of those it would serve as any developmentally delayed individuals ages three to nine. A slight name change occurred with the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA.) The American Recovery and Reimbursement Act of 2009 was implemented to give schools enough funding to comply with now-mandated standards.
- IDEIA assigns schools the responsibility of discovering and testing children who need further education and services and to maintain these services as long as necessary, up to the student turning 22. The disability must be proven to "adversely affect their educational performance." Although language and designations differ slightly by state, they are generally uniform (an educational consultant or attorney can help ensure the child is appropriately classified.) Thirteen categories are covered under the Act. These include hearing language orthopedic speech or visual impairments, mental retardation, serious emotional disturbance, autism, brain injury and specific learning disabilities.
- The IDEA's "spending clause" status makes it optional for states to accept funds, although all states have. In reality, no child can be disqualified from benefits once evaluation is complete. Agencies are to provide early intervention services for children under two. School districts are responsible for private schools in the area that may not have received funding. The law even covers students in a vegetative state.
- Once the determination process begins, the school system pays for testing the child, beginning with classroom observation. Children are tested to assess their IQ, academic performance, strengths and weaknesses, language and communication abilities and sometimes psychological evaluations. Qualified individuals and advocates participate. Then a plan for educational provisions, known as an Individualized Education Program, is designed once a disabled child is identified.
- The accuracy, detail and wording of the IEP crucially determine the services provided. Constructed by the team of school officials and specialists, the document is federally required to chart the child's current performance and goals (long term and measurable) and objectives. The IEP should state what special services are required, when they will be utilized, what is needed to transition the student and criteria for judging the plan's effectiveness throughout the process. The plan also takes into account how discipline will be handled if necessary.