Special Education:
WHAT IS THE IDEA?1
The Individuals with Disabilities Education Act, or IDEA, ensures a free and appropriate public education to children with disabilities. The IDEA was passed by Congress in 1975 and it went into effect in 1978. Periodically, Congress updates the law and allocates money to special education and related services for eligible students with disabilities. The law was revised in June 1997 as Public Law 105-17. This edition includes the recent changes made to IDEA.
WHO IS ELIGIBLE?
Students are entitled to receive special education under the IDEA if they have certain disabilities and are having problems learning as a result of their disabilities.
WHAT IS A DISABILITY?2
Students with these disabilities are eligible for special education and related services under the IDEA:
WHAT IF MY CHILD DOESN'T HAVE ONE OF THESE DISABILITIES?
Some children may experience developmental delays in the areas of physical, cognitive, social-emotional, communication or adaptive development. These children, however, may not meet the standards to qualify for special education under one of the disability categories listed above. The IDEA allows states and local districts the choice of providing special education and related services to children ages 3 through 9 who qualify as developmentally delayed.3 Currently, Oregon provides special education to this group of children during the ages of 3 to 5 (or age of eligibility for Kindergarten), but does not provide special education to older children in that
Students with disabilities that are not listed above, such as Attention Deficit Hyperactivity Disorder (ADHD) or Fetal Alcohol Syndrome (FAS), may qualify for special education under specific learning disability, emotional disturbance or other health impaired (see below). These students are also protected from discrimination based on their disability under Section 504 and the Americans with Disabilities Act.4
WHAT IS OTHER HEALTH IMPAIRED?5
A child may have a health condition that is not included in any of the listed categories, but which limits his strength and causes problems in learning. Examples of health conditions that may come under the category of other health impaired are:
WHAT IS SECTION 504?
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability by programs receiving federal funds. Section 504 protects students who:
School districts must comply with this law because they receive federal funds. As a result, they must provide the same access and opportunity to children with disabilities as those without disabilities. For example, a school district that provides a summer school program must allow students with disabilities to enroll in the program. For more information about Section 504 contact OAC to get a copy of Section 504 and Students with Disabilities: An Overview. For more information, see Special Education Laws and Where to Find Them.
WHO MAKES DECISIONS FOR THE CHILD?7
An exciting change to the IDEA is that parents must be included as a part of any group that makes educational decisions for their child. This includes participating in meetings to discuss and decide:
For students age 16 through 21, parents and students both have roles in educational planning. Students aged 16 and older must be invited to the IEP meeting to participate in transition planning. If transition planning will begin before age 16, the student is still invited to participate. At 17, students must be informed of their rights under the IDEA that may transfer to them. See Transition Services.
For children who are wards of the court, the school district must appoint surrogate parents8 to make educational decisions. Sometimes surrogate parents are called educational advocates. A parent, foster parent, court-appointed special advocate (CASA), or other knowledgeable person may be appointed as surrogate parent or educational advocate. The surrogate parent has all of the legal rights of parents discussed in this Guide.
WHO IS RESPONSIBLE?9
The child's resident school district is responsible for assuring that the child is receiving an appropriate special education program. The school district has the option to contract with other private and public schools and agencies to provide services to your child. The IEP determines the type of services your child will get and where these services will be provided. See IEP, and Placement.
WHO PAYS?10
Students with disabilities are entitled to a free appropriate public education. The cost of implementing a child's IEP cannot be passed on to parents or guardians. This includes the cost of related services and necessary assistive technology. With parental consent, school districts may bill a third party, such as a family's private health insurance to offset certain costs.
Third-party billing: In order for school districts to bill a family's private insurance, the parents must voluntarily consent to the billing. School districts cannot force parents to consent if the billing would cause financial loss to the parents. Financial loss may include:
If parents refuse to allow the school district to file a claim against the family's private insurance, the district is still responsible for providing the student with special education services. The school district cannot require parents to consent as a condition to providing special education services.
WHAT IS ASSISTIVE TECHNOLOGY?11
Assistive Technology (AT) is equipment, or devices that make it easier for someone who has a disability to maintain or increase functioning in a major life activity (such as learning, working, walking, speaking, etc.). It includes services that help individuals choose and learn to use the devices best suited for them. Some examples are over-sized pens and word processors for writing, augmentative communication devices for speaking, a magnifier and enlarged print materials for reading, and clipboard or velcro attachments for the organization of materials.
If AT is necessary for a child, it will be identified as a special factor and included on the IEP under Specially Designed Instruction, Related Services and/or Program Modifications depending on the use or uses of the AT in the child's education. Like other parts of a child's special education, the district must pay for AT including the cost of repair, maintenance and replacement of necessary AT devices and services.
WHAT IS AN APPROPRIATE EDUCATION?12
You should try to get the best possible education for your child. Under federal and state law, however, school districts do not have a legal obligation to provide what is best for special education students - only what is "appropriate." Through many legal cases, and one pivotal case in the United States Supreme Court, the term appropriate has come to have a very specific meaning: A school district offers an appropriate education when it provides access to public education that is designed to give "meaningful benefit." To be appropriate, services must be individualized to meet the unique needs of the child. The child's needs, are determined according to procedures spelled out in this booklet.