specialedmoms.com

What?

The Individuals with Disabilities Education Act (IDEA) is a federal law. Let's
break that down into its two components: federal and law.

"Federal" means it was enacted by the United States Congress (the U.S.
House of Representatives and the U.S. Senate), as opposed to an
individual state's legislature. A federal law impacts the entire
country. It binds states to act in a certain way.

"Law" (a.k.a. legislation, statute) means a body of rules that must be
obeyed, or there will be a legal consequence.

So, knowing that, what does it mean to say the IDEA is a federal law?

Well, the IDEA is a body of rules giving disabled students the right to a public
education. A state that follows the rules will get money from the federal
government. A state that does not follow the rules will not get money. That's
the legal consequence!

Who?

A natural question becomes, "Who does this apply to?" To find the answer, let's
first look to the title of to law. IDEA stands for "Individuals with Disabilities
Education Act." So, it's safe to assume that the IDEA applies to "individuals with
disabilities." But, what does that mean?! What qualifies as a "disability?"

We need to look just a little bit farther to discover the answer to that question.
Congress laid it all out for us in black and white. A "child with a disability" means a
child (age 3-21) who falls into one (or more) of the following thirteen categories:

1.) autism
2.) deaf-blindness
3.) deafness
4.) emotional disturbance
5.) hearing impairment
6.) mental retardation
7.) multiple disabilities
8.) orthopedic impairment
9.) other health impairment
10.) specific learning disability
11.) speech or language impairment
12.) traumatic brain injury
13.) visual impairment

The disability on its own does not necessarily meant eligibility for special education.
The "child with a disability" must "by reason thereof, need special education and
related services." (20 U.S.C. Sec. 1401(3)(A)(ii))

Why?

Why did the U.S. Congress create such a law? IDEA's history can be traced
back to laws from the 1950s and 1960s. The most recent form (the 1997
Amendments) stated four purposes:

1.) to guarantee all children with disabilities a free appropriate
public education and related services designed to meet their
unique needs,
2.) to assure that the rights of children with disabilities and their
parents or guardians are protected,
3.) to assist states and localities to provide for the education of all
children with disabilities, and
4.) to assess and assure the effectiveness of efforts to educate
children with disabilities. (IDEA, 20 U.S.C. Sec. 1400(c))

I am very grateful for the IDEA. It has made a positive difference in the lives of
countless children with special needs! We are very fortunate to have it. But we
cannot sit back and wait for the schools and government to do all of the work. We
are partners in this effort to educate our children! True, the schools have an
obligation to provide our children with an "appropriate" education. But we have the
responsibility to participate in this process!

I shudder when I think about how different my children's lives would be had they
been born just thirty or forty years ago. You need only watch the movie "Radio" to
see how different things were in the 1970s. (Visit our chat room for a discussion
of the movie!) Children with mental and physical disabilities were often excluded
from school entirely.

Today, IDEA assures not only that children with needs are educated, but that the
education takes place in the 'least restrictive environment." That is, they are taught
with their non-disabled peers "to the maximum extent appropriate." (IDEA
Regulations, 34 C.F.R. Sec. 300.550(b)(1)).

The IDEA also clearly states that parents have the right to actively participate in all
discussions and decisions involving the child's education. We are equal members of
a team that makes education and placement decisions.

As a mom, IDEA is comforting to me. We all believe that our children deserve a
free, appropriate public education. And the law backs us up on this! IDEA says
that they not only deserve it, they are entitled to it! It is a right!

But, I am a believer that with rights come responsibilities!

Like the schools, we have a responsibility to our children's education. In my
opinion, my responsibility is two-fold:

1.) First, I must be an informed and zealous advocate for my children.
This means understanding IDEA and using my knowledge to
advance my child's best interest.

2.) Second, I must take ultimate responsibility for my child's education.
This means creating an enriching home environment in which I
can pursue IEP goals/objectives and re-enforce classroom
strategies.

I am blessed to be born in a country that values special needs children. I am
blessed with wonderful children of my own. I am blessed with the opportunity to
make a significant difference in their lives. That is why I take on these
responsibilities with great joy!