As per the U.S. Department of Education, the Individuals with Disabilities Education Act (IDEA), “is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part C. Children and youth (ages 3-21) receive special education and related services under IDEA Part B.”

IDEA is not a new concept. It previously existed under the name Education for All Handicapped Children Act but has grown considerably since.

More than 6 million children in the U.S. receive special education services through IDEA.Despite receiving large amounts of funding from the federal government, many states continue to doubt the importance of special needs education and do not believe it is necessary.

The U.S. Dept. Education, 2005a regulations implementing IDEA states: “…to the maximum extent appropriate, children with disabilities including children in public or private institutions or care facilities, are educated with children who are nondisabled; and special classes, separate schooling or other removal of children with disabilities from regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

The IDEA is a civil rights law however, states are not required to participate if they do not wish to. However, in order to encourage and assist states in complying with IDEA requirements, the Act has made funds available to all states that adopt at least the minimum policies and procedures specified in the IDEA. These policies concern the education of children with disabilities. Since the inception of IDEA, all American states have participated. However if a state does not provide appropriate education facilities, the federal government currently does not impose any strict fines or penalties.

The definition of related services in the IDEA includes, but is not limited to: transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and *mobility services, and medical services for diagnostic or evaluation purposes. The term also includes school health services, social work services in schools, and parent counseling and training.

According to the United States Department of Education, for children with disabilities who have been suspended for 10 days total for each school year, including partial days, the local education agency (LEA) must hold a manifestation determination hearing within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct following either the Stay Put law which states that the child shall not be moved from his or her current placement or interim services in an alternative placement if the infraction was deemed to cause danger to other students.

References:

IDEA – U.S. Department of Education