The Individuals With Disabilities Education Act

1711 WordsMar 1, 20177 Pages
The Individuals with Disabilities Education Act and the Meaning of “Free Appropriate Public Education” for Students with Disabilities is detailed below: Congress passed the IDEA in 1975 to ensure that children with disabilities had the opportunity to receive an appropriate education. To qualify for federal funding under the Act, a state must demonstrate that it has a policy in effect that “assures all handicapped children the right to a free appropriate education.”6 IDEA requires school districts to teach children with disabilities in the least restrictive environment possible. Under IDEA, “restrictiveness” refers specifically to the degree to which children with disabilities have access to their non-disabled peers, not the extent to…show more content…
Under IDEA, the IEP must contain: a. A statement of the child’s present levels of educational performance. b. A statement of annual goals for the child, including short-term instructional objectives. c. A statement of the specific educational services to be provided to the child, and the extent to which the child will be able to participate in regular educational programs. d. The projected date for initiation and anticipated duration of these services. e. Appropriate, objective criteria and evaluation procedures and schedules for determining, at least annually, whether instructional objectives are being achieved. 20 USC. § 1401(19). Under IDEA, students with disabilities must be educated in the LRE in which they can get a free, appropriate education, meaning that they should be educated alongside their non-disabled peers in a manner consistent with their ability to benefit. ED collects data on the placement of students with disabilities in different educational environments, including those who spend (i) 80% or more of their time in general education settings, (ii) between 40%—79% of their time in general education settings, (iii) less than 40% of their time in general education settings, and (iv) all of their time in alternative placements, including specialized non-public schools. The relative nature of the phrase “least restrictive” means that each child’s IEP team must determine the least restrictive environment in which that
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