Subject: IDEA
INFORMATION ABOUT IDEA
For the past 25 years, laws have been passed by Congress instructing states to provide education for children and youth with disabilities. Public Law 94-142, the Education For All Handicapped Children Act (EHA), was passed by Congress and signed into law by President Ford in 1975. This law is well known; it required states to fully educate all children with disabilities. It has been amended several times. In 1986, the EHA was amended through P.L. 99-457 to, among other things, lower the age at which children can receive special services to three years old. It also established the Handicapped Infants and Toddlers Program (Part H), which is for children who need help from birth to their third birthday. The amendments of 1990 and 1991 brought about more changes, among which was a change in the name. Now the EHA will be called IDEA, the Individuals with Disabilities Education Act.
Information About Programs for Children Ages 3-21
IDEA requires that all states and territories provide a public school education to children with disabilities from ages 3 to 21, no matter how severe their disabilities are.
There are several basic rights that this law promises to children with disabilities (ages 3 to 21) and their parents:
-- The right to a "free appropriate public education" at public expense (in some cases, this may include placing a child in a private school);
-- The right to an educational placement that is based on an assessment and evaluation of each child's own special needs;
-- The right of children with disabilities to receive teaching or instruction that is designed to meet their needs; these needs are to be clearly written and included in an Individualized Education Program (IEP) for each child, with statements about what services the child will receive;
-- The right to a full range of educational services that may include related services such as counseling, special transportation, speech/language pathology, or occupational or physical therapy;
-- The right of parents (or guardians) to be included in making decisions about their child's educational needs and to approve the educational plans for their child; and
-- The right of parents (or guardians) to appeal any decisions made about the identification, evaluation, and placement of the child through a due process procedure.
Finally, IDEA requires that children with disabilities be educated in the "Least Restrictive Environment" (LRE), that is, in a setting with children who have no disabilities, with special help provided to those who need it.
Information About Programs for Very Young Children
Under the IDEA, early intervention services are to be made available to infants and toddlers with disabilities, ages birth through two years. Services are not the same in all areas. To find out what is available where you live, call the early childhood specialist in your school system or check under "Programs for Infants and Toddlers with Disabilities" on NICHCY's State Resource Sheet. You can also call NICHCY at 1-800-695-0285 (Voice/TT) ask for assistance.
Congress made funds available to help states and territories plan a comprehensive service system to provide the following services:
-- Early intervention services to infants and toddlers (ages birth through 2 years) with disabilities. If a state chooses to, it can also serve infants and toddlers at risk of developing disabilities; and
-- Special education programs and related services to preschoolers (ages 3 through 5 years) who have disabilities.
Services for children 3 years old and up are provided by the state department of education. However, programs for children under age 3 are provided by different agencies in different states. Sometimes the department of education will handle all these programs; in other states it may be the health department or another agency.
The term "infants and toddlers with disabilities" in the law refers to children (ages birth through 2 years) who need early intervention services in any of the following areas:
-- Physical,
-- Cognitive,
-- Communication,
-- Social or emotional, and/or
-- Adaptive development.
Early intervention services must be provided by people who are qualified to work with infants and toddlers who have disabilities or who are at risk of developing disabilities. Any services provided must be written into an Individual Family Service Plan (IFSP) that is reviewed every 6 months.
For more information about the laws that affect children with disabilities and their families, call NICHCY at 1-800-695-0285 (Voice/TT).
