IDEA Introduction

Introduction: Prior to the passing of the Individuals with Disabilities Act, it was a well-known challenge to educate students with disabilities, and more often than not they were turned down from schools based on their ability and were not given an equal opportunity to learn as were other children. The purpose of passing the IDEA is to provide all children equal access to a free, public education no matter their abilities. On october 30, 1990, the Education of all Handicapped Children Act, previously established in 1975, was renamed to the Individuals with Disabilities Act. Since then, there have been many amendments to the Act such as in 1997 by Bill CLinton, however, the act as outlined below is up to date as of the 2004 amendments (Yell

An “appropriate education can be defined as follows by section 1401 (9) of the IDEA, “Special education and related services that have been provided at public expense, under public supervision and direction, and without charge; meet the standards of the State educational agency; include an appropriate preschool, elementary school, or secondary school education in the State involved; and are provided in conformity with the individualized education program” (Turnbull et al. 2006). The decision in the Rowley vs. Board of Education case in 1982 breaks this definition into two parts. The first being that an appropriate education includes an organization that will give the student a quality opportunity to succeed and learn. The second part is that the organization follows the Individuals with Disabilities Act’s guidelines in creating an Individualized Education Plan, or IEP. This IEP is composed of three parts that are geared towards providing a child with a good education. The first part of this written statement is a documented record of the child’s current academic achievement including (a.) how the child’s disability plays a negative role in the child’s academic development, (b.) how the disability is affecting the child's

If at any point in time parents feel as if the school in which their child is attending is not working in accordance with the Individuals with Disabilities Act’s policies, they have three options for action: mediation, a due process hearing, or sue. A mediation involves the use of an impartial third party to settle a dispute between parents and school officials at the state and local levels. Parents can also choose to go forward with a due process hearing which is a small scale trial before an impartial officer. If the parents feel as if they have still not reach an appropriate solution to their dispute through mediation or a due process hearing, they can choose to sue the school in state or federal court (Bradley, 2008). The significance of this principle is to ensure that parents are able to protect their child’s right to a an appropriate education while the child is at an age in which they can not protect that right