The Individuals with Disabilities Education Act

The Individuals With Disabilities Act (IDEA) is a federal law geared toward children between the ages of birth and 21, and stipulates minimum guidelines regarding special education for children with disabilities. The original act, which was called the Education for All Handicapped Children Act, was passed in 1975, but was renamed in 1990 and underwent major amendments in 1997 and 2004. Every state must follow the rules and regulations of IDEA.

Eligibility Requirements

All children with disabilities are not eligible for IDEA. To be eligible for IDEA, the child’s disability must have a negative impact on the child’s ability to learn. The Act defines a child with a disability as “a child with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services.” One of the most important provisions of IDEA is the individualized education plan (IEP), which is designed to ensure that the unique needs of every special needs child are met through individualized planning.

Ineligible Children

If your child does not fit the Act’s definition of a disabled child, she may still be eligible for certain services under Section 504 of the Rehabilitation Act of 1973,  under the Developmental Disabilities Bill of Rights Act, or under the Americans with Disabilities Act.

Young Children

Many parents believe that their children must be of school age to take advantage of special services under IDEA. In fact, early intervention programs are available to any child who has a physical and mental issue that will delay their progress in school. Kids who take part in early intervention programs must meet certain qualifications. Talk to your school district to determine what kinds of early intervention programs are available for special needs children who have not yet reached school age, as well as what kinds of programs your child may qualify for.