IDEA – Individuals with Disabilities Education Act

IDEA stands for the Individuals with Disabilities Education Act, the federal law that guarantees every eligible child with a disability in the United States a free appropriate public education (FAPE). IDEA requires public schools to find, evaluate and serve children with disabilities, to provide special education and related services designed to meet each child's unique needs, and to involve parents in every major decision. Today more than 7 million children with disabilities receive services under IDEA, from infants and toddlers in early intervention to students finishing high school at age 21.

What does IDEA stand for, and what does it do?

In special education, IDEA is the short form of the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.). The law has two big jobs. First, it protects the rights of children with disabilities and their parents. Second, it gives states federal money to support special education, as long as they follow the rules the law sets. The U.S. Department of Education oversees IDEA through its Office of Special Education Programs (OSEP), which is part of the Office of Special Education and Rehabilitative Services.

IDEA covers children from birth through age 21 who have one of the disabilities listed in the law and who need special education because of that disability. A diagnosis alone is not enough: the disability must affect the child's education. Children who have a disability but do not need specially designed instruction are often protected by Section 504 of the Rehabilitation Act instead.

A short history of the Individuals with Disabilities Education Act

Before 1975, schools in the United States could legally turn away many children with disabilities. Around one million children were shut out of public school entirely, and many more sat in classrooms without the help they needed. Inspired by the civil rights movement and by court cases brought by parents, the United States Congress passed the Education for All Handicapped Children Act (Public Law 94-142), signed by President Gerald Ford in 1975.

  • 1975: The Education for All Handicapped Children Act (EHA) guarantees a free appropriate public education to children with disabilities.
  • 1986: Amendments add services for preschoolers and create the early intervention program for infants and toddlers with disabilities.
  • 1990: The law is renamed the Individuals with Disabilities Education Act, uses "people-first" language, and adds autism and traumatic brain injury as separate categories. Transition services become required.
  • 1997: Reauthorization strengthens the parent role, stresses access to the general education curriculum, and adds rules on discipline.
  • 2004: The Individuals with Disabilities Education Improvement Act (IDEA 2004) aligns the law with the Elementary and Secondary Education Act and allows Response to Intervention for identifying learning disabilities.

In 2017, the Supreme Court added an important point in Endrew F. v. Douglas County School District: an IEP must be designed to let a child make progress that is "appropriately ambitious" in light of the child's circumstances, not just a little more than nothing.

The four parts of IDEA

The Individuals with Disabilities Education Act is divided into four parts:

  • Part A – General provisions: the purpose of the law and the definitions used in it.
  • Part B – Children ages 3 through 21: the rules schools must follow to provide special education and related services. IDEA Part B funds go to states and then to local school districts.
  • Part C – Infants and toddlers: early intervention for children with disabilities from birth until their third birthday, planned with the family through an Individualized Family Service Plan. IDEA Part C funds support these state programs.
  • Part D – National activities: grants for research, teacher training, technical assistance and Parent Training and Information Centers.

The 13 disability categories under IDEA

To receive services under IDEA, a child must have at least one of these disabilities and need special education because of it:

  1. Autism
  2. Deaf-blindness
  3. Deafness
  4. Emotional disturbance
  5. Hearing impairment
  6. Intellectual disability
  7. Multiple disabilities
  8. Orthopedic impairment
  9. Other health impairment (often used for ADHD)
  10. Specific learning disability, such as dyslexia or dyscalculia
  11. Speech or language impairment
  12. Traumatic brain injury
  13. Visual impairment, including blindness

States may also use the term "developmental delay" for children ages 3 through 9, so young children can get help before a specific disability is identified. Learning disabilities are by far the largest group served under IDEA.

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The six main principles of IDEA

1. Free appropriate public education (FAPE)

Every eligible child has the right to a free and appropriate public education at no cost to the family. "Appropriate" means special education and related services designed around the child's needs, not the best possible program.

2. Appropriate evaluation

Under Child Find, schools must locate and evaluate children who may have a disability. The evaluation must use more than one test, look at all areas of suspected need, and be repeated at least every three years. Parents who disagree can ask for an independent educational evaluation.

3. Individualized Education Program (IEP)

Each child who qualifies gets an individualized education program – a written plan with the child's present levels, measurable annual goals, services, accommodations and how progress will be measured. The IEP team reviews it at least once a year. From age 16, the IEP must include a transition plan for life after school.

4. Least restrictive environment (LRE)

Children with disabilities should learn alongside children without disabilities as much as possible. IDEA requires that students be educated in regular classes with supports first; separate classes or schools are only used when needed. See least restrictive environment.

5. Parent participation

Parents are equal members of the IEP team. They must be invited to meetings, can bring anyone they choose, and must give consent before the first evaluation and before services begin.

6. Procedural safeguards

IDEA gives parents rights to see records, receive prior written notice, use mediation and request a due process hearing. These procedural safeguards also include the stay-put provision and special rules for discipline, such as the manifestation determination review.

What services are covered under IDEA?

Services under IDEA go beyond classroom teaching. Special education teachers provide specially designed instruction, and the IEP can add related services such as:

IDEA and Section 504: what is the difference?

IDEA and Section 504 of the Rehabilitation Act of 1973 both protect students with disabilities, but they work differently. IDEA is an education law that funds special education and requires an IEP. Section 504 is a civil rights law that forbids discrimination and usually leads to a 504 plan with accommodations in the general education classroom. Its definition of disability is broader, so a student with ADHD or diabetes who does not need specially designed instruction may qualify for 504 but not for IDEA. The Americans with Disabilities Act of 1990 adds similar protections outside of school. Every student who qualifies under IDEA is also protected by Section 504.

How IDEA is funded

When Congress passed the law in 1975, it promised to pay up to 40 percent of the extra cost of educating children with disabilities. Federal funding has never come close to that goal, so states and local school districts pay most of the cost. Families do not receive money from IDEA; the funds go to schools to provide services. Separate programs, such as Supplemental Security Income, may help some families with costs at home.

Frequently asked questions about IDEA

What is IDEA in special education?

IDEA is the federal law that gives children with disabilities the right to special education and related services in public schools, planned through an IEP and delivered in the least restrictive environment.

Who is eligible under IDEA?

Children from birth through age 21 who have one of the 13 listed disabilities (or a developmental delay) and who need special education because of it. Infants and toddlers are served under Part C, children ages 3 to 21 under Part B.

Is IDEA the same as IDEIA?

Yes. IDEIA is the name of the 2004 reauthorization, the Individuals with Disabilities Education Improvement Act. Most people and the Department of Education still simply call the law IDEA.

What rights do parents have under IDEA?

Parents can take part in all IEP decisions, see their child's records, give or refuse consent, ask for an independent evaluation and use mediation or a due process hearing when they disagree with the school.