Education

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You may be interested in these Pathfinder service categories related to Education: Advocacy Services, Developmental and/or Psychological Assessment, Early Intervention Program for Young Children, IDEA Information and/or Training, Learning Disability Resources, Special Education Program. Click here to look up service definitions.

General Education Laws Information (Tennessee and National)

Individuals with Disabilities Education Act (IDEA)

Purpose
Eligibility Guidelines
Responsibility to Provide a Free Appropriate Public Educatoin in Least Restrictive Envioronment
Individualized Education Program
Evaluation & Placement Procedures
Rights and Responsibilities of Parents in the Special Education Process
Suggestions for Parents

Purpose

IDEA is the federal education act to provide financial assistance to State and local education agencies to guarantee special education and related services to eligible children with disabilities.

Eligibility Guidelines

Children ages 3 through 21 who are determined by a multidisciplinary team to be eligible within one or more of 13 specific categories of disability and who need special education and related services. Categories include autism, deafness, deaf-blindness, hearing impairments, mental retardation, multiple disabilities, orthopedic impairments, serious emotional disturbance, specific learning disabilities, speech or language impairments, traumatic brain injury, and visual impairment.

A child with special needs younger than 3 years of age is not old enough to receive services from the local school system. However, there are other agencies and programs in the community that provide services for young children with disabilities. Your local school system should know of developmental programs in the community. Another resource is the Tennessee Early Intervention System, a statewide program for infants and toddlers until they reach school age.

Responsibility to Provide a Free, Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE)

Free, Appropriate Public Education refers to special education and related services. Special education means "specially designed instruction, at no cost to the parent, to meet the unique educational needs of the child with a disability." Related services are provided to assist your child to benefit from special education. They include, but are not limited to, the following: Transportation, Hearing Services, Vision Services, Counseling Services', Physical Therapy, Occupational Therapy, Speech and/or Language Therapy, and Assistive Technology Services.

Least Restrictive Environment means that each child will be educated to the maximum extent appropriate with children who do not have disabilities. Children should be educated in more restrictive (different) environments only when less restrictive alternatives are not appropriate.

Individualized Education Program (IEP)

IDEA requires the development of an Individualized Education Program (IEP) document. An IEP is a written program developed by parents and the school system personnel and includes:

• A student's current levels of educational performance.
• Annual goals, including short-term objectives.
• Specific special education and related services needed.
• The extent a student will take part in a general education program.
• The dates when services are expected to begin and end.
• Appropriate objective criteria and schedules for determining (at least annually) whether the objectives are achieved.
• A statement of needed transition services no later than age 16. Should include, if appropriate, each participating agency's responsibilities or linkages, or both, before the student leaves the school setting.

The Least Restrictive Environment placement is determined by the amount of time an eligible child spends with children who do not have disabilities. The law requires that students be educated with their nondisabled peers to the maximum extent appropriate.

Guide to the Individualized Education Program, Office of Special Education and Rehabilitation Services, U. S. Department of Education

Evaluation/Placement Procedures

A comprehensive evaluation is required. A multidisciplinary team evaluates the child. Parental consent is required before an initial evaluation. IDEA requires that reevaluations be done at least every 3 years. A reevaluation is not required before a significant change in placement. For evaluation and placement decisions, IDEA requires that information from all sources be documented and carefully considered before decisions are made.

Funding to Implement Requirements

IDEA provides federal funds to assist state and local educational agencies in meeting IDEA requirements to serve infants, toddlers, children, and youth with disabilities.

Rights and Responsibilities of Parents in the Special Education Process

Public Law 105-17, the Individuals with Disabilities Education Act (IDEA) Amendments of 1997, strengthens the rights of children with disabilities and their parents. It builds on the achievements gained under Public Law 94-142, the Education for the Handicapped Act, and Public Law 101-476, the Individuals with Disabilities Education Act (IDEA). A basic provision is the right of parents to take part in the process of making decisions about their child's education. This includes the right to:

• A free appropriate public education for your child.
• Request an evaluation if you think your child needs special education or related services.
• Be notified whenever the school wants to evaluate your child or change your child's educational placement, or refuses your request for an evaluation or a change in placement.
• Informed consent. Informed consent means you understand and agree in writing to the evaluation and educational program decisions for your child. Your consent is voluntary and may be withdrawn at any time.
• Obtain an independent evaluation if you disagree with the school's evaluation.
• The school must reevaluate your child at least once every 3 years. Your child's educational program must be reviewed at least once during each calendar year.
• Have your child tested in the language he or she knows best. For example, if a child's primary language is Spanish, this is the language in which he or she must be tested. Students who are deaf have the right to an interpreter during testing.
• Review all of your child's school records. You may request copies of these records, but the school may charge you a reasonable fee for making the copies. Only you, as parents, and those directly involved in the education of your child will be able to see personal records. If you feel that some information in your child's record is not correct or misleading or violates the privacy or other rights of your child, you may ask that the information be changed. If the school refuses, you have the right to ask for a hearing in order to challenge the questionable information in your child's records. Or you may file a complaint with your state education agency.
• Be fully informed by the school of all rights that are provided to you under the law.
• Take part in developing your child's Individualized Education Program (IEP), or Individualized Family Service Plan (IFSP) if your child is under school age. The school must make every possible effort to notify you of the IEP or IFSP meeting. The school must arrange it at a time and place that is convenient for both you and the school.
• Take part in all IEP or IFSP team decisions, including placement.
• A written request can be made for an IEP or IFSP meeting at any time during the school year.
• Be kept informed about your child's progress at least as often as parents of children who do not have disabilities.
• Have your child educated within the Least Restrictive Environment possible. Every effort should be made to develop an educational program that provides your child with the services and supports needed in order to be taught with children who do not have disabilities.
• You can ask for a voluntary mediation or a due process hearing to resolve differences with the school that cannot be resolved informally. Be sure you make your request in writing, date your request, and keep a copy.

Section 504 of Rehabilitation Act

Source: Eric Clearinghouse on Disabilities and Gifted Education, Council for Exceptional Children. Click here for the complete article.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities in all programs and activities conducted by agencies that receive federal financial assistance. Educational agencies that receive U.S. Department of Education funds, either directly or indirectly, are considered recipients.

In matters pertaining to education, the lead agency is the U.S. Office for Civil Rights, U.S. Department of Education.

Section 504 guarantees an appropriate special education as well as accessibility to regular education programs. It requires that all children with disabilities be provided a free, appropriate public education in the least restrictive environment.

How is "disability" defined under Section 504?

A person with a disability is any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.

How does the definition of disability differ between 504 and IDEA?

The Individuals with Disabilities Education Act (IDEA) defines specific disabling conditions. Because of this difference, some individuals who are not qualified for special education under IDEA may be qualified for special services under Section 504.

There may also be students who have a disability according to both the IDEA and Section 504 definitions but do not require special education. For example, some students who use wheelchairs may be qualified under both definitions. They may not require special education, but they may require special accommodations under Section 504.

Additional Resources

Council of Parent Advocates and Attorneys (COPAA)

DisAbility.gov Education Laws & Regulations

Family Village

IDEApractices answers your questions about IDEA and keeps you informed. You can subscribe to its monthly IDEAnews.

Kids Together, Inc. is a non-profit organization, co-founded by parents and organized by volunteers, that provides information and resources to promote inclusive communities.

Office for Civil Rights, U. S. Department of Education
OCR ensures equal access to education and promotes educational excellence by enforcing civil rights.

Office of Special Education Programs (OSEP), U. S. Department of Education, administers IDEA

Section 504 of the Rehabilitation Act, a Fact Sheet of the ERIC Clearinghouse on Disabilities and Gifted Education

Special Education Law (ReedMartin.com)