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Thoughts on raising a
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                                                     Disclaimer:  
The information on this website does not constitute legal advice.  It is solely for
informational and educational purposes.  It is not intended to be a legal recommendation,
nor should it substitute for obtaining legal counsel from your own attorney.  It may or
may not  represent the current law in your state or locality.  
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Individuals with Disabilities Education Act
(IDEA)
As with most topics addressed here in specialedmoms.com,
there are two important aspects of the Individuals with
Disabilities Education Act (IDEA).  

The first dimension is the statute itself - what it says, how it
works, and what it grants our children.  I will call this part
"
the law."  

The second dimension is  IDEA's impact on our children's
lives - how it can (when properly enforced) enhance their
education, and ultimately their well-being.  I will refer to this
as "
the mom's perspective."  
The Law
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  
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."  

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 four main purposes are as follows:  

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.  
The Mom's Perspective
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."  

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!