Questions And Answers About The IDEA

Volume 3, Number 2
September 1993

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National Information Center
for Children and Youth with Disabilities

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Each year, the National Information Center for Children and Youth with Disabilities (NICHCY) receives thousands of requests from families and professionals for information about special education and related services for children and youth with disabilities. This News Digest has been developed to answer many of the questions and concerns that families and professionals have when they contact NICHCY. This document looks specifically at the mandates and requirements of the Individuals with Disabilities Education Act (IDEA), the federal law that supports special education and related services programming for children and youth with disabilities.

While this issue often uses the word "you" to speak directly to parents and families, we hope that its detailed information about special education law and services is also useful to professionals who work with children and youth with disabilities and their families.

Background Information on the IDEA

Brief History of the IDEA

The federal law that supports special education and related service programming for children and youth with disabilities is called the Individuals with Disabilities Education Act (IDEA), [formerly the Education for the Handicapped Act (EHA)]. Public Law 94-142 (the Education of All Handicapped Children Act), which was originally enacted in 1975 to establish grants to States for the education of children with disabilities, has been amended several times. Under Part B of the IDEA, all eligible school-aged children and youth with disabilities are entitled to receive a free appropriate public education (FAPE).

In 1986, the EHA was amended by P.L. 99-457 to provide special funding incentives for States that would make a free appropriate public education available for all eligible preschool-aged children with disabilities ages three through five. Provisions were also included to help States develop early intervention programs for infants and toddlers with disabilities; this part of the legislation has become known as the Part H Program.

The EHA was amended again in 1990 by P.L. 101-476, which, among other things, changed the name of the legislation to the Individuals with Disabilities Education Act, or IDEA. The IDEA has been amended once, by P.L. 102-119.

The IDEA is an important federal law, because it requires that a free appropriate public education, which includes special education and related services, be available to children and youth with disabilities in mandated age ranges. This News Digest provides a general overview of the IDEA and its regulations as they relate to school-aged children. The News Digest is intended to help you understand the law and how it mandates services for your school-aged child with a disability. Information about services available to infants and toddlers through the Part H program and for preschool children with disabilities is presented in a separate NICHCY document entitled A Parent's Guide: Accessing Programs for Infants, Toddlers, and Preschoolers With Disabilities.

The information provided in this News Digest is drawn specifically from the IDEA, as passed by Congress in 1990 and codified into law under 20 United States Code (USC), Chapter 33. Final regulations for this Act were published in the Federal Register on September 29, 1992, with a correction appearing in the Federal Register on October 27, 1992. These final regulations replace those developed for the EHA and are currently guiding school systems in how they design and implement their special education and related services programs.

Obtaining a Copy of the IDEA and Its Regulations

Because states base their programs upon the law and its Federal regulations, it is useful for parents to read and become familiar with the law itself. To obtain a copy of the regulations for all parts of the IDEA, you would contact the U.S. Government Printing Office at: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. GPO's telephone number is: (202) 512-1800. State that you are requesting the latest copy of the IDEA's regulations: Code of Federal Regulations: Title 34; Education; Part 300-399. There will be a minimal charge.

You can also obtain a copy of the regulations for Part B only of the IDEA (34 CFR Parts 300 and 301), which are used to plan and implement programs for preschoolers and school-aged children with disabilities. For Part B regulations only, contact: LRP Publications, 747 Dresher Road, P.O. Box 980, Horsham, PA 19044-0980. Telephone: (800) 341-7874, ext. 275. There is also a charge for this document.

Obtaining a Copy of Your State's Special Education Law

It is also important to become familiar with your State special education law. The IDEA is a Federal law and, as such, provides minimum requirements that states must meet in order to receive federal funds to assist in providing special education and related services. Your state law and regulations may go beyond the Federal requirements, and it is important to know their specifics. You may want to contact your State Department of Education, Office of Special Education, and ask for a parent handbook on special education.

Finding Specific Sections of the Regulations

As you read the explanations about the law below, you will find references to specific sections of the Federal regulations, such as Section 300.1. You can use these references to locate the precise sections in the Federal regulations that address the issue being discussed. For example, in the discussion of the IDEA's purpose, you are given the reference Section 300.1. This reference tells you that, if you wanted to read the exact words the regulations use to define the IDEA's purpose, you would look under Section 300.1 of the Code of Federal Regulations (CFR) for Title 34 (sometimes referred to as 34 CFR). In most cases through this News Digest, we have worded answers so that they use the Federal language almost verbatim.

Purposes and Promises of the IDEA: Who is Eligible for Services and What Types of Services are Provided?

What is the purpose of the IDEA?

The major purposes of the IDEA are:

• to ensure that all children with disabilities have available to them a "free appropriate public education" that includes special education and related services designed to meet their unique needs;
  
  
• to ensure that the rights of children and youth with disabilities and their parents are protected;
  
  
• to assist states and localities in providing for the education of all children and youth with disabilities; and
  
  
• to assess and ensure the effectiveness of efforts to educate children with disabilities. (Section 300.1)
  
  What is a free appropriate public education?
  
  Under the law, a free appropriate public education (FAPE) means special education and related services that:
  
  
• are provided to children and youth with disabilities at public expense, under public supervision and direction, and without charge;
  
  
• meet the standards of the State Education Agency (SEA), including the requirements of the IDEA;
  
  
• include preschool, elementary, or secondary school education in the State involved; and
  
  
• are provided in conformity with requirements for the individualized education program. (Section 300.8)
  
  

The requirements for an individualized education program (IEP) are found in Section 300.340 - Section 300.350 and are discussed in greater detail in Part IV of this document.

Who is eligible for services under the IDEA?

The regulations for IDEA define "children with disabilities" as including children (a) who have been evaluated in accordance with IDEA's evaluation requirements (Section 300.530 - Section 300.534) (discussed later in this document); (b) who have been determined, through this evaluation, to have one or more of the disabilities listed below; and (c ) who, because of their disability, need special education and related services. The disabilities listed by IDEA are:

• mental retardation;
  
  
• hearing impairments, including deafness;
  
  
• speech or language impairments;
  
  
• visual impairments, including blindness;
  
  
• serious emotional disturbance;
  
  
• orthopedic impairments;
  
  
• autism;
  
  
• traumatic brain injury;
  
  
• other health impairments;
  
  
• specific learning disabilities;
  
  
• deaf-blindness; or
  
  
• multiple disabilities. (Section 300.7)
  
  

Attachment A of this News Digest provides the complete description of each of these disabilities, as contained in the regulations for IDEA.

For children aged 3-5, "children with disabilities" may include, at the State's discretion, those children who are experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:

• cognitive development;
  
  
• physical development;
  
  
• communication development;
  
  
• social or emotional development; or
  
  
• adaptive development; and
  
  
• who need, for that reason, special education and related services. (Section 300.7)
  
  

From birth through age 2, children may be eligible for services through The Infants and Toddlers with Disabilities Program (Part H) of the IDEA. This News Digest does not discuss the Part H program. For information about how to access services for infants and toddlers, contact NICHCY and request a copy of A Parent's Guide: Accessing Programs for Infants, Toddlers, and Preschoolers With Disabilities.

What is special education?

Special education is defined as instruction that is specially designed, at no cost to you, to meet your child's or youth's unique needs. Special education can include classroom instruction, home instruction, instruction in hospitals and institutions, or other settings. It can also include instruction in physical education and vocational education. (Section 300.17)

Special education also includes speech pathology or any other related services, if the service consists of instruction that is specially designed, at no cost to you, the parents, to meet your child's unique needs and is considered by the State as special education rather than a related service. (Section 300.17)

Where is special education instruction provided?

As listed above, special education instruction can be provided in a number of settings, such as: instruction in regular classrooms, special classrooms, special schools, home instruction, and instruction in hospitals and institutions (Section 300.17). Schools must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities [Section 300.551(b)(1)]. Unless a child's individualized education program (IEP) requires some other arrangement, the child must be educated in the school he or she would attend if he or she did not have a disability [Section 300.552(c)].

Special education instruction must also be provided to students with disabilities in what is known as the Least Restrictive Environment, or LRE. Both the IDEA and its regulations have provisions that ensure that children with disabilities are educated with nondisabled children, to the maximum extent appropriate. The IDEA's LRE requirements apply to students in public or private institutions or other care facilities as well [Section 300.550(b)(1)]. Each state must further ensure that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when 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 [Section 300.550(b)(2)].

What are related services?

Related services are defined in the regulations as transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. Related services may include:

• audiology;
  
  
• psychological services;
  
  
• physical therapy;
  
  
• occupational therapy;
  
  
• medical services for diagnostic or evaluation purposes only;
  
  
• school health services;
  
  
• recreation, including therapeutic recreation;
  
  
• counseling services, including rehabilitation counseling;
  
  
• early identification and assessment of disabilities in children;
  
  
• social work services in schools;
  
  
• transportation;
  
  
• speech pathology; and
  
  
• parent counseling and training. (Section 300.16)
  
  

The list of related services identified in the IDEA regulations is not intended to be exhaustive and could include other developmental, corrective, or support services if they are required to assist a child with a disability to benefit from special education.

You should inform yourself fully about the related services that are listed (and described in some detail) in the law. NICHCY's News Digest called Related Services for School-Aged Children can also provide information and guidance about related services. This News Digest (Volume 1, Number 2, 1991) is available at minimal cost by contacting NICHCY.

Accessing Services

What is the first step in obtaining special education and related services?

Before a child can receive special education and related services for the first time, an initial evaluation of the child, also known as a preplacement evaluation, must be conducted (Section 300.531). This evaluation must meet the requirements stated in Section 300.532 of the IDEA's regulations. Parental permission -- that is, written consent -- must be obtained before this evaluation can be conducted [Section 300.504(b)(1)(I)].

How do I receive an evaluation of my child?

There are at least two ways in which your child may be selected to receive an evaluation:

1. You may request that your child be evaluated. You can call or write to the Director of Special Education or the Principal of your child's school. If the school district suspects that your child has a disability, your child must be evaluated. If the school refuses to evaluate your child because it does not suspect that your child has a disability, you must be given a written notice of the refusal and a full explanation that explains the reasons for the refusal [Section 300.504(a)(2) and Section 300.505(a)(2)]. This notice must also give you a full explanation of the procedural safeguards available to parents under the Individuals with Disabilities Education Act, including your right to challenge the school district's refusal by requesting an impartial due process hearing [Section 300.505(a)(1)].
   
   
2. The school may initiate a request to evaluate your child. Based on a teacher's recommendation, or observations or results from tests given to all children in a particular grade, a school may recommend a child for further screening or assessment to determine if he or she needs special education and related services. If your child is thought to need further testing, the school must tell you. You, as a parent, must give written permission before the school can evaluate your child for the first time [Section 300.504(b)(1)].
   
   

It is important for you to know that the law requires that parents be notified in writing before the school district evaluates their child for the first time. All written communication from the school must be in a form that parents can understand (e.g., in their native language if they do not read English, or in the mode of communication normally used by the individual, such as Braille or large print). It must state the action that is proposed or refused; the reasons for the proposal or refusal; the evaluation procedures, tests, or records used to support the proposal or refusal; and an explanation of the parents' rights if they should disagree with the suggested actions or refusal to act, as well as any other options the agency considered and the reasons why those options were rejected (Section 300.505). Parents must give their consent in writing before an initial evaluation can be conducted. It is important to know that school districts must have procedures by which they can override a parental refusal of consent, which they may use if they believe a child should be evaluated. These are discussed later in this News Digest.

What does the evaluation process involve?

The regulations are very specific about how school districts must conduct evaluations of children and youth thought to have a disability. For one, evaluations must be conducted by a group of persons, called a multidisciplinary team. This team must include at least one teacher or other specialist who is knowledgeable about the area of the child's suspected disability [Section 300.532(e)]. Thus, the multidisciplinary team conducting the assessment may involve, at the State's discretion, professionals such as the following: school psychologist, speech and language pathologist, occupational or physical therapist, adaptive physical education therapist, medical specialists, educational diagnosticians, classroom teachers, or others.

The law also requires that no single procedure be used as the sole criterion for determining an appropriate educational program for a child [Section 300.532(d)]. Further, the child must be assessed in all areas related to the suspected disability. This includes, where appropriate, evaluating a child's:

• health;
  
  
• vision;
  
  
• hearing;
  
  
• social and emotional status;
  
  
• general intelligence;
  
  
• academic performance;
  
  
• communicative status; and
  
  
• motor abilities. [Section 300.532(f)]
  
  

School districts must also be sure that the tests they select and use are not racially or culturally discriminatory (biased) against the child [Section 300.530(b)]. This provision of the law is meant to protect children of different racial or cultural backgrounds from misdiagnosis. For example, children's cultural backgrounds may affect their behavior or test responses in ways that teachers or other personnel do not understand. Similarly, if a child speaks another language or has limited English proficiency, he or she may not understand directions or words on tests and may be unable to respond correctly. As a result, a child may mistakenly appear to be a slow learner or to have a hearing or communication problem. In order to prevent such mistakes, the law states that tests and other evaluation materials given to a child during the evaluation process must be provided and administered in the child's native language or through another mode of communication, unless it is clearly not feasible to do so [Section 300.532(a)(1)].

In keeping with the requirements mentioned above, then, the multidisciplinary team must collect information about your child from a variety of sources, which could include you, the parent. In addition to testing, the evaluation process may include:

• observations by professionals who have worked with your child;
  
  
• your child's medical history, when it is relevant to his or her performance in school; and
  
  
• information and observations from you about your child's school experience, abilities, needs, and behavior outside of school, and his or her feelings about school.
  
  

What happens if I don't agree with the evaluation results?

If parents of a child with a disability disagree with the results of the evaluation performed for or by the school, they have the right to obtain an Independent Educational Evaluation (IEE) (Section 300.503). This means that you can request that a qualified professional examiner or qualified evaluation clinic conduct another evaluation of your child. The examiner may not be employed by or involved in any way with the school. School districts generally maintain a list of qualified examiners and clinics who meet the State's standards, because they are required to tell parents, upon request, where an IEE may be obtained [Section 300.503(a)(2)]. If the public agency maintains such a list, parents are not limited to the examiners on the list, if they can demonstrate that unique circumstances justify selection of another evaluator.

Who pays for the independent evaluation? The answer is that some IEEs are at public expense and others are paid for by the parents. For example, if you are the parent of a child with a disability and you disagree with the school's evaluation, you may request an IEE at public expense. The school district may grant this request and pay for the IEE, or it may initiate a hearing to show that its own evaluation was appropriate. If the final decision of the hearing officer is that the school's evaluation was appropriate, then you still have the right to an IEE but not at public expense [Section 300.503(b)]. As part of a hearing, a hearing officer may also request an IEE; if so, that IEE must be at public expense. Of course, you have the right to arrange to have your child independently evaluated at any time at your own expense. (Note: When the same tests are repeated within a short time period, the validity of the results can be seriously weakened.) Whenever an IEE is publicly funded, that IEE must meet the same criteria that the school district uses when it initiates an evaluation.

Regardless of who pays for the IEE, the school district is obligated to consider the results of this evaluation when making any decisions about the educational program of the child in question [Section 300.503(c)(1)]. Results of the IEE may also be presented as evidence at a hearing regarding the child [Section 300.503(c)(2)]. For more information about hearings, see Part V of this document.

How are the evaluation results used?

Information gathered from formal tests and from observations by you and school personnel will first be examined to determine your child's need (and, thus, eligibility) for special education and related services. Many school systems hold a meeting where they consider this one issue. They are not required to invite the parent to this meeting -- often called an eligibility meeting. However, if you do attend, your child's assessment results should be explained. The specialists who assessed your child will explain what they did, why they used the tests they administered, the results of your child's tests, and what your child's scores mean when compared to other children of the same age and in the same grade. Regardless of whether you attend the meeting, you must be notified as to its outcome.

If the evaluation results indicate that your child meets the definitions of one or more of the disabilities listed under IDEA (see Attachment A) and needs special education and related services, the results will form the basis for development of your child's Individualized Education Program (IEP).

Will my child be evaluated again in the future?

In most cases, yes. The first time your child is evaluated is called a preplacement evaluation (Section 300.531). Evaluations must also be conducted at least every 3 years (called a triennial evaluation) after your child has been placed in special education [Section 300.534(b)]. Re-evaluations can also occur more frequently if conditions make it necessary, or if you or your child's teacher request(s) a re-evaluation [Section 300.534(b)].

Credits

News Digest is published three times a year. NICHCY also disseminates other materials and can respond to individual requests. For further information or assistance, or to receive a NICHCY Publications List, contact NICHCY, P.O. Box 1492, Washington, DC 20013.

NICHCY thanks our Project Officer, Dr. Sara Conlon, at the Office of Special Education Programs, U.S. Department of Education, for her time in reading and reviewing this document. We would also like to express our deep appreciation to the other individuals who painstakingly and meticulously reviewed this document to ensure its accuracy.

This document was developed by Interstate Research Associates, Inc., pursuant to Cooperative Agreement #H030A00002 with the Office of Special Education Programs of the United States Department of Education. The contents of this document do not necessarily reflect the views or policies of the Department of Education, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

This document is made available on disk and via the Internet through Cooperative Agreement #H030A30003 between the Academy for Educational Development and the Office of Special Education Programs of the United States Department of Education.

The Academy for Educational Development, founded in 1961, is an independent, nonprofit service organization committed to addressing human development needs in the United States and throughout the World. In partnership with its clients, the Academy seeks to meet today"s social, economic, and environmental challenges through education and human resource development; to apply state-of-the-art education, training, research, technology, management, behavioral analysis, and social marketing techniques to solve problems; and to improve knowledge and skills throughout the world as the most effective means for stimulating growth, reducing poverty, and promoting democratic and humanitarian ideals.