Fact Sheet: Rights of Students with Disabilities: IDEA Before the Individuals with Disabilities Education Act, or IDEA, many schools refused to educate children with disabilities. Other schools let them in, but gave them a third-rate education. Often, children were called "behavior problems" and expelled. Congress passed IDEA to end these abuses. IDEA protects young people from ages three through 21 who have any disabilities listed in the law. These are autism, mental retardation, problems with seeing or hearing, problems with speech or language, emotional disturbance, brain injury, problems with bones or muscles, and pecific learning disabilities. They also include health problems that affect a child's energy or alertness in school. What Are Your Child's Rights Under IDEA? Children must receive what IDEA calls a "free appropriate public education." A free appropriate public education is made up of two parts: "special education" and "related services." Special education means teaching that is specially designed to meet a child's needs. It can take place anywhere. This includes in the regular classroom, with other children her age who don't have disabilities. In fact, under IDEA schools must give your child the extra services she needs to learn in the regular classroom. A school may not keep your child out of the regular classroom unless her educational needs cannot be met there, even with specially designed teaching and extra services. Related services are support services a child may need to help him learn. Examples of related services are transportation, counseling, physical therapy, help from a school nurse. They also include parent training, a one-to-one aide, or equipment such as a computer or tape recorder. Only a child who needs special education can get related services under IDEA. Special Education and related services also include helping a child with any behavior problems he may have. Under IDEA, schools may not assume that your child can't learn what other children learn simply because she has a certain disability. For most children, special education and related services must be designed so they can learn what all other children are learning. How Can You Take Part In Decisions About Your Child Under IDEA? 1. Look At Education Records You have the right to see all their child's education records, and to have school staff explain them. An education "record" is any kind of information the school keeps about your child. 2. Ask For An Educational Evaluation Before your child can receive special education services, the school must conduct a study of her possible disability and educational needs. These are known as "education evaluations." You have the right to request that an evaluation be done. You also have the right to ask for a new evaluation any time you believe that new information about your child is needed. If you disagree with any evaluation done by the school, you may go outside of the school system and have another one done. Unless the school can prove that its evaluation met all IDEA requirements, it must pay for this independent evaluation. 3. Take Part in Individualized Education Program (IEP) Meetings After your child is first evaluated, and at least once a year after that, the school meets with you to develop an Individualized Education Program (IEP) for him. The IEP will describe the special education and related services he will receive over the coming year. Schools must make it easy for parents to take part in IEP meetings. Meetings must be held at a time and place that is good for you. The school must provide a translator if you need one. If you can't attend, the school must try to find some other way for you to take part in writing the IEP, such as by telephone. The school must give your child all the services written in the IEP. If the school wishes to change the IEP in any way, it must tell you first in writing and hold another IEP meeting. You may call a meeting to review or change your child's IEP at any time. What Can You Do If You Do Not Agree With School Actions? If you disagree with any school action or decision about your child, you have the right to ask for a hearing. For example, you might disagree about whether she qualifies for special education, or what should be in her IEP. Or the school might fail to give your child what is already in her IEP. Or try to expel her from school. At the hearing, you will have a chance to prove that the school is violating IDEA, and to question school witnesses. You may have a lawyer or other person who knows about special education or IDEA to help you. If you win, the school system may have to pay for your lawyer. If you lose, you may file a lawsuit in court. If you don't want a hearing, you may file a complaint with your state department of education. The state will investigate to see if the school has violated IDEA. In some states, you may also ask for mediation. A neutral person will meet with you and the school to try to solve the dispute. from Supporting Our Kids: A Family-School-Community Campaign, copyright Center for Law and Education, 1996.   Education Rights of Students with Disabilities Project