Six Principles of IDEA: The Individuals

with Disabilities Education Act

The Individuals with Disabilities Education Act Special education programs must:
(IDEA) is a federal law that created and gov-
 Be designed for the student to progress in
erns special education. The law entitles eligi-
the general education curriculum (there is
ble children with disabilities to the specially
only one curriculum for ALL students)
designed instruction and individualized ser-
vices and supports they need to benefit from  Provide more than a minimal benefit but
a free public education. The IDEA has six with no requirement to maximize potential
foundational principles: (a serviceable Chevy vs. a brand new fully
-loaded Cadillac)
Principle 1: A FREE APPROPRIATE PUB-  Include related services and supports and
LIC EDUCATION (FAPE) provide for participation in extracurricular
and other school activities
The IDEA gives each eligible child with disa-  Include extended year services when nec-
bilities the right to a free appropriate public essary to provide FAPE
education. FAPE means educational ser-
vices:
Principle 2: APPROPRIATE EVALUATION
 Provided at public expense under public
supervision
The IDEA requires that a student must re-
 Provided at no cost to the parents (other ceive an evaluation prior to the provision of
than ordinary costs charged to all stu- special education services to determine: (1)
dents) whether the student is an eligible “child with a
disability” according to the IDEA definition,
 That meet the standards established by
and if so, (2) to determine the educational
the state department of education
needs of the student.
 That are designed to meet the unique
 Parents must give informed consent for
needs of each eligible student
evaluation and for services
 Provided according to a written Individual-
 A student must be evaluated in all areas
ized Education Program (IEP)
of suspected disability
 Provided to students from preschool
 The evaluation should include a variety of
through high school, ages 3 to 21
tools and strategies to gather functional,
 That continue to be provided to students developmental, and academic information
who have been suspended or expelled

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 An evaluation should never be based on a and revised at least annually by a team includ-
single measure or assessment ing educators, parents, the student whenever
appropriate, and others who have knowledge
 The instruments and methods used for the
or expertise needed for the development of the
evaluation must be: student’s special education program. The key
 Technically sound word is individualized.
 Not culturally discriminatory
Special education is not a place:
 In the language the child use
The instructional program is to be designed
 Administered by trained and knowl- without regard to where it will be implemented.
edgeable personnel The educational program is determined first;
 A new or updated evaluation is to be con- the placement or educational setting is deter-
ducted if there is reason to suspect a need mined second.
or if the parent requests one Parents are involved in both program and
 An evaluation must be conducted within 60 placement decisions:
calendar days of the parent giving consent  Parents and the student need to be mean-
 A comprehensive re-evaluation must be ingfully involved in the development of the
conducted every three years unless both program and any periodic revisions
the parent and educators agree it is not The IEP must:
necessary
 Contain objectively measurable goals
Every three years is the minimum requirement;
evaluations can be conducted more often if  Be designed to offer meaningful progress in
needed, but not more than once a year academic achievement in the general edu-
cation curriculum and in functional perfor-
mance
Re-evaluations may occur when:
 Conditions warrant new information Principle 4: LEAST RESTRICTIVE ENVI-
 The parent requests re-evaluation RONMENT (LRE)

Independent educational evaluations: The IDEA requires that “ . . . To the maximum

extent appropriate, children with disabilities,
 Parents have a right to request an inde- including children in public or private institu-
pendent evaluation at public expense if tions or other care facilities, are educated with
they disagree with the results of the children who are not disabled.” Least Restric-
school’s evaluation. tive Environment (LRE) means that:
 Parents may seek an independent evalua-  Any placement outside the general educa-
tion at their own expense at any time. tion classroom must be justified by the
child’s individual disability-related need
Principle 3: INDIVIDUALIZED EDUCATION  Students must have meaningful access to
PROGRAM (IEP) same age peers without disabilities
 Schools must provide supplementary aids
An IEP is a written statement for each child and services in the general education
with a disability that is developed, reviewed,

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 Involvement in music, art, physical educa-  Prior written notice of IEP and other meet-
tion, school trips, clubs, extracurricular and ings concerning the student
other activities must be accommodated
 Prior written notice whenever the school
 Funding is never an appropriate reason for proposes to change or refuses to change
a more restrictive placement the educational programming or education-
al placement of their child
 States must maintain a full continuum of
placement options to meet the needs of
children who require specialized treatment Parents are entitled to access student records:
or residential placement  They may review educational records for
their child
Principle 5: PARENT AND STUDENT PAR-
 They may obtain copies of educational rec-
TICIPATION IN DECISION MAKING
ords for their child
The IDEA is very specific about what schools
 They may place a statement of correction
must do to ensure that parents have the oppor-
or explanation in the student’s record if it
tunity to be active participants in each step of
contains something they disagree with
the special education process. Parents, and
(whenever appropriate) the student, must be
meaningfully involved in: Parents have a variety of procedural protec-
tions they can invoke when they disagree with
 The development, review, and revision of educators:
the IEP
 Educational placement decisions The Resolution Facilitator Process is specific
 Determining what data needs to be collect- to Iowa and involves an impartial Resolution
ed during evaluation Facilitator who is trained in mediation. This
process may be requested to address issues
 Reviewing evaluation data between educators (school district or AEA) and
 Transition planning and services starting by parents of general education, Section 504, or
age 14 special education students. It also can be
used between other parties involved with the
district.
Principle 6: PROCEDURAL SAFEGUARDS
The IDEA includes important procedural safe-
A Mediation Conference is held to resolve is-
guards to ensure that the rights of children with
sues between educators and parents about
disabilities and their parents are protected and
IDEA services being provided to a particular
that they have access to the information need-
student. It is a voluntary process that has a
ed to effectively participate in the process.
high rate of success in resolving differences. If
an agreement is reached by the parties with
Parents are entitled to written notices includ- the help of a trained, impartial mediator, the
ing: agreement is considered legally binding and a
 A parental rights notice to provide general “shepherd” may be assigned to oversee the
information about special education, proce- implementation of the agreement.
dural safeguards, and student and parent
rights

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A Formal Written Complaint is a signed, writ- A Due Process Hearing is a formal hearing
ten complaint that includes a statement that an before an administrative law judge (ALJ) to
agency has violated special education rules. decide disputes between parents and educa-
A complaint may be filed with the Iowa Depart- tors that relate to the provision of special edu-
ment of Education (DE) by any individual or cation. A parent, school district, or AEA can
organization. The DE will review and investi- file a request for a due process hearing. Dur-
gate a complaint, then issue a written decision ing the hearing each side has the opportunity
within 60 days. If the school district is found to to present their case and offer testimony. The
be in violation of the law it will be required to parties may have legal representation. After
develop and implement a corrective action conducting the hearing, the ALJ will issue a
plan. written decision that can be appealed in a
state or federal district court.

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