I.D.E.A. :INDIVIDUALS WITH DISABILITIES EDUCATION ACT

Educational Rights of Children with Disabilities.

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Search Brief

The purpose of this page to direct researchers to the most important search aids for those who have limited time to find information on the IDEA and the law that supports it. It includes references to the legislation, recommended books and journal articles, contacts, websites, and more.

For a comprehensive chronology of events leading up to the authorization of IDEA by Public Law take a look at "Special Education: A Summary of Legal requirements, Terms and Trends" (UA Main KF4209.3 .D38 2001) by Richard Daugherty, published in 2001. This title covers landmark cases, IDEA, section 504, ADA, Title 1, Full Inclusion, private schools and residential placement, due process hearings, legal strategies, and much more.

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The most important laws surrounding I.D.E.A. are listed below:

Laws

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• PL 88-352 - Civil Rights Act of 1964 - (42 USC 2000 et seq.)
• P.L. 89-10 - Elementary and Secondary Education Act of 1965 (ESEA), Intended to strengthen and improve educational quality and opportunity. It is often thought that special education law found its beginning in this act.
• P.L. 89-313 -Elementary and Secondary Education Act Amendments (ESEA) of 1965, - Authorization of the first federal grant program intended specifically for disabled children and students- provided for state agency grants that allowed funding to state -operated and/or -supported schools and institutions.
• P.L. 93-112 - Rehabilitation act of 1973 - This law, and its subsequent amendments, helps to form the current core of protection against discrimination; it also helps support current guarantees of equal education opportunity for individuals with disabilities.
• P.L. 93-380, Education Amendments of 1974 - amendments to the ESEA which provided for special needs educational funding, Least Restrictive Environment (LRE), and procedural safeguards.
  • Section 504: Non-Discrimination in Programs or Activities Receiving Federal Financial Assistance - This section provides basic civil rights protections to disabled persons with regard to federally funded programs and activities, stating "no otherwise qualified disabled individual in the United States. . .shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." Section 504 covers exclusively those disabled individuals who would otherwise qualify for participation and benefits in federally funded programs and activities.
• PL 94-142: Originally called the Education of All Handicapped Children Act, was signed by president Ford on November 29, 1975. The law mandated assessment and programs for mentally and physically handicapped children, including the learning disabled. The Individuals with Disabilities Education Act, a 1997 amendment act to PL 94-142, more specifically mandates that every child with a disability is to receive the opportunity to a Free and Appropriate Education (FAPE) in the Least Restrictive Environment (LRE).This law, and its subsequent amendments, helps to form the current core of protection against discrimination; it also helps support current guarantees of equal education opportunity for individuals with disabilities. The law went into effect in October 1977 after regulation finalization. The law resulted from two earlier acts, P.L. 91-230 and P.L. 93-380.
• P.L. 98-524 - Carl Perkins Vocational Education Act of 1984 - (C.F.R. Title 34 Education Parts 400-499) This law, and its subsequent amendments, helps to form the current core of protection against discrimination; it also helps support current guarantees of equal education opportunity for individuals with disabilities. Often referred to as the Perkins act, this law authorizes federal funds in support of vocational education programs. In particular the act is meant to improve access to those who in the past have been underserved, or those whose educational needs are greater-than-average. The Act designates "special population" as those with a disability, are disadvantaged, or who have limited English proficiency. For the purposes of this pathfinder the law is important because it specifies that disabled students be provided with vocational education.
• P.L. 99-372, The Handicapped Children's Protection Act of 1986 (20 USCS 1400) - Recovery of attorneys' fees and costs to parents who prevail in suits.
• P.L. 99-457, Education of the Handicapped Amendments of 1986 (20 USCS � 1400) - Federal incentives to adopt infant/toddler programs.
• P.L. 101-336 - Americans with Disabilities Act of 1990 - The main purpose of this act was to extend civil rights protections to individuals with disabilities, similar to those provided on the basis of race, sex, national origin, and religion. ADA is based on the concepts of the Rehabilitation Act of 1973, and guarantees equal opportunity for disabled individuals in employment, public accommodation, transportation, state and local government services, and telecommunications. The ADA is the most significant federal law ensuring the full civil rights of all individuals with disabilities. Title II of the ADA prohibites discrimination on the basis of disability at the state and local levels. Title II is enforced by OCR. (For Title II regulations see 28 CFR 35.)
• P.L. 101-476 - Education of the Handicapped Amendments of 1990 - The name of the Education of the Handicapped (EHA) law was changed to the Individuals with Disabilities Education Act (IDEA). Many discretionary programs were expanded, and new programs were created: transition services, services for children with serious emotional disturbance, and Attention Deficit Disorder (ADD) research and information dissemination were instituted. Transition services and assistive technology services were added as definitions of special services to be provided in a disabled child's IEP (individual education program). Related services were expanded to include counseling, rehabilitation, and social work services. The law also expanded rights and services to include to a further extent children with traumatic brain injury and autism.
• P. L. 105-17 - IDEA Amendments of 1997 - Final IDEA '97 Regulations were released on Friday, March 12, 1999 (20 U.S.C. 1400 et seq.)- Major issues addressed include: IEPs and general curriculum; General state and district wide assessments; Graduation with a regular diploma; Discipline; Change of Placement; Removals of Up to Ten School Days at a Time; ADD and ADHD; Developmental Delay; Parentally - placed children with disabilities in private schools; and other issues. More complete coverage is presented on the legislative history page.

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U.S. Codes

Most of the code for I.D.E.A. is found in Title 20 Education, U.S.C. 1400 et seq. See also Title 42 - The Public Health and Welfare ; Title 49 - Transportation; Title 29 - Labor, specifically Chapter 31 - Assistive Technology for Individuals with Disabilities.

• 42 U.S.C. �� 12101 et seq., Americans with Disabilities Act of 1990. Title 42. The Public Health and Welfare, Chapter 126, Equal Opportunity for Individuals with Disabilities. This legislation enacted 26 July 1990 provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications.
• 20 U.S.C. �� 1400 et. seq., Individuals with Disabilities Education Act of 1997. This Act strengthens academic expectations and accountability for the nation's 5.8 million children with disabilities and bridges the gap that has too often existed between what children with disabilities learn and what is required in regular curriculum.
• 34 C.F.R. ��300 et seq.

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Most significant case/ other cases of importance

• Brown v. Board of Education of Topeka KS 347 U.S. 483 (1954) in which the Supreme Court established that a seperate education is inherantly unequal.

• Mills v. Washington, D.C. Board of Education, 348 F.Supp. 866 [D.C. 1972]). Landmark case: public education must be extended to children with disabilities.

• Springdale School Dist. v Grace (1980, WD Ark) 494 F Supp 266, on the right of disabled children to free, appropriate public education (F.A.P.E.)

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Review articles and Periodicals

Some of the most useful periodicals for current information on IDEA are:

• Special Education Law Monthly (Online - Lexis-Nexis ). Many of the articles in this journal are available online in full text through the UA Sabio catalog. Articles in some or many issues of this journal are in the larger database, Lexis-Nexis Academic Universe. You may search that database on the Web. An LRP publication. Issued monthly, items online within one month. Full-text, March 1998- .
• Disability Compliance Bulletin (Online : Lexis-Nexis) . From the series: Lexis-Nexis Academic Universe; full text from Feb. 1995- . Articles in some or many issues of this journal are in the larger database, Lexis-Nexis Academic Universe. You may search that database on the Web.
• Individuals with Disabilities Education Law Report. (Law KF4210.A73 Y42 1999). Horsham, PA. : LRP Publications, c2000- Year in review: annual, 1999 - current). Formerly known as "Review of special education cases".

Some useful articles:

• Wooster, Ann K. J.D, "What Constitutes Services that Must be Provided by Federally Assisted Schools under the Individuals with Disabilities Education Act (IDEA)" (20 U.S.C.A.�� 1400 et seq.) American Law Reports: ALR Federal Volume 161 (2000). Copyright � 2000 West Group. This article presents a review of Supreme Court decisions on 'related services' that must be provided to disabled students.
• Porto, Brian L. J.D. "Availability of Damages in Action to Remedy Violations of Individuals with Disabilities Education Act" (20 U.S.C.A. �� 1400 et seq.)American Law Reports: ALR Federal Volume 165 (2000) Copyright � 2000 West Group. This article reports on the enforcable rights of disabled students to a public education and special education services; the article further examines the implications of a minority of courts determining that damages are in fact available under IDEA.
• "Recent Developments in the Law: Handicapped." (no author listed). Copyright (c) 1997 Jefferson Law Book Company, Division of Anderson Publishing Co. Journal of Law & Education January, 1997. Various cases are used as examples of rights of appeal by disabled students and their families to request school districts to provide FAPE under the Education for all Handicapped Children Act ("EHCA") in regards to a variety of placement issues.

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Some Useful Books

• Special Education : a summary of legal requirements, terms, and trends . Daugherty, Richard F. ( UA Main KF4209.3 .D38 2001). Westport, Conn. ; London : Bergin & Garvey, 2001. An excellent and up-to-date reference source for special education. Clear explanations of IDEA, section 504, ADA, and Title 1. Covers basic IDEA requirements and landmark cases, the "Full Inclusion" movement; legal aspects of private school and residential placements of disabled students; an up-to-date look at requirements and strategies for Due Process hearings, legal strategies, attorney fees and immunity; specific section 504 issues; federal laws, guidelines, and regulations pertaining to student records; also has some useful sections on various topics such as making sense of Law Reporter citations, lists of key constitutional amendments and Civil Rights statutes, a glossary of special education legal terms, and much more. Highly reccommended as an all-around general reference tool on the topic of special education.
• The Law of Special Education. Jasper, Margaret C. Dobbs Ferry, N.Y. : Oceana Publications, 2000. Oceana's legal almanac series: Law for the layperson. Includes bibliographical references. A fairly up-to-date look at the historical development of special education, the role of the United States Department of Education and State educational systems. An in-depth report of special education legislation including the Individuals with Disabilities Education Act ("IDEA") and the Family Educational Rights and Privacy Act of 1974. Materials written for ease of understanding by those without a legal education.
• Developmenting and Implementing IDEA - IEPs: an individualized education handbook for meeting IDEA requirements. by Burns, Edward. Springfield IL: C.C. Thomas c. 2001. 9 Main LC4031 .B82 2001). A useful tool for those wishing to gain an understanding of what exactly an IEP is, what the law requires to be incorporated into an IEP; will give insight into analysis of IEPs for failure to conform to current IDEA standards. Covers individualized planning; definition of an appropriate education; the IEP process; needs determination; outlines guidelines for determination of present levels of educational performance, measurable annual goals and short-term objectives or benchmarks; IEP services and evaluation requirments.
• Wrightslaw: Special Education Law by Wright, Peter W.D.; Wright, Pamela Darr. Harbor House Law Press, Hartfield Virginia, 1999. Contains text of key laws and regulations including the Individuals with Disabilities Education Act of 1997 (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Family Educational Records and Privacy Act (FERPA). Features U.S. Supreme Court decisions, caselaw, and analysis and interpretation.

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Special Collections Materials

This item is useful for historical perspective on IDEA in Arizona.

• P.L. 101-476 local education agency application manual : Individuals With Disabilities Education Act : school years 1993-1994-1995. ( Special Coll LC4015 .P4 1992.) Arizona. Dept. of Education. Division of Special Education. [Phoenix, Ariz.] : Arizona Dept. of Education, Special Education, [1992]. An application manual for local education agencies - contains legal specifics for the 1993-5 school years.

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Newspapers / newsletters / articles

Some of the most useful newspapers, etc., include The Special Educator, The Section 504 Compliance Advisor, and the School Law Bulletin. Some newspapers and news databases that were useful include AZStarnet (available through UA libraries), Newsbank database, Lexis-Nexis NEWS and REGNEWS, and Westlaw's NORTHNEWS. Using various search terms including "special education", "Least Restrictive Environment", "Free Appropriate Public Education", and "Individuals with Disabilities Education Act" produced large numbers of news articles. It is possible to search through The Arizona Republic, Arizona Star, and Tucson Citizen which are indexed by most of these resources.

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