Federal Law
IDEA 2004 (20 U.S.C.)
Chapter 1 - General Provisions (§1400 - §1409)
Chapter 2 - Assistance for Education for All Children with Disabilities (§1411 - §1419)
Key Highlights below.
Section 1401 - Definitions
Assistive Technology - any item, piece of equipment, or product system used to support functional capabilities of a child with a disability. 20 U.S.C. 1401(1)(A)
Child with a Disability - 13 qualifying disabilities: 20 U.S.C. 1403(3)
intellectual disability
hearing impairment
deafness
speech or language impairment
visual impairment (including blindness)
emotional disturbance
orthopedic impairment
autism
traumatic brain injury
other health impairment
specific learning disability
deaf-blindness
multiple disabilities
Free Appropriate Public Education 20 U.S.C. 1401(9) - Special education and related services are free, under supervision, must meet state education standards, are coordinated through a public school, and conform to the services listed on the IEP under section 1414(d). In general this means: children who have disabilities, including children with disabilities who have been suspended or expelled from school, have the right to be educated at public expense, in a manner appropriate to meet their unique needs.
Parent 20 U.S.C. 1401(23))
a natural, adoptive, or foster parent of a child (unless a foster parent is prohibited by State law from serving as a parent);
a guardian (but not the State if the child is a ward of the State);
an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or
except as used in sections 1415(b)(2) and 1439(a)(5) of this title, an individual assigned under either of those sections to be a surrogate parent.
Special Education 20 U.S.C. 1401(29) - Specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability. This includes:
(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(B) instruction in physical education
Transition Services 20 U.S.C. 1401(34)
Coordinated set of activities that are results-oriented and:
focus on improving academic and functional achievement
facilitates transition from school to post-school activities (e.g. post-secondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, or community participation)
must be based on the child's needs and take into account: strengths, preferences, interests
includes: instruction, related services, community experiences, development of employment and other post-school adult living objectives, daily living skills and functional vocational evaluation
Section 1412
Least Restrictive Environment - to the maximum extent possible children with disabilities should be learning alongside students without disabilities. 20 U.S.C. 1412(5)(A). School placements cannot result in failure to provide services to the unique needs of the student as listed in the IEP. 20 U.S.C. 1412(5)(B)
Section 1414
IEP Goals - must be measurable and meet the needs of the student's disability to progress forward with educational achievement (both general educational curriculum and other educational goals) 20 U.S.C. 1414(d)(1)(A)(i)(II)
IEP Progress Reports - The school must provide periodic updates on progress toward IEP goals through the year. 20 U.S.C. 1414(d)(1)(A)(i)(III)
Transition IEP Goals - must be measurable and focus on post-secondary areas related to training, education, employment, and, where appropriate, independent living skills; transition services (including courses of study) needed to assist the child in reaching those goals 20 U.S.C. 1414(d)(1)(A)(i)(VIII)(aa) and 20 U.S.C. 1414(d)(1)(A)(i)(VIII)(bb)
Statement of Majority - signed no later than 1 year before the student's 18th birthday. States that the student has been informed of his/her rights that will transfer to him/her at age 18. 20 U.S.C. 1414 (d)(1)(A)(i)(VIII)(cc)
IEP Team - includes the parent of the child and lists minimum number of individuals and their roles. 20 U.S.C. 1414 d)(1)(B)
IEP Meeting Attendance - It is not necessary for a team member to attend if what is being discussed is not related to that individual's role on the team. This must be agreed upon with the parent in advance. 20 U.S.C. 1414(d)(1)(C)(i)
IEP Meeting Attendance Excusal - members may be excused from attending part or all of a meeting only if agreed upon jointly between parent and school, and if the individual provides in writing input on the development of the IEP prior to the meeting. 20 U.S.C. 1414(d)(1)(C)(ii)
IEP Transfer from Another School in Massachusetts - School must provide comparable services to that of the previous IEP immediately. Moving forward, you may choose to 1) maintain the previous IEP, or 2) adopt, modify, or develop a new IEP. 20 U.S.C. 1414(d)(2)(C)(i)(I)
IEP Transfer from Another School Out of Massachusetts - School must provide comparable services to the previous IEP immediately. The school will conduct a new evaluation and develop a new IEP. 20 U.S.C. 1414(d)(2)(C)(i)(II)
