IDEA

Individuals with Disabilities Education Act

In 1975, Congress first recognized the need to provide a federal law to help ensure that local schools would serve the educational needs of students with disabilities. The law they originally passed was titled the Education for All Handicapped Children Act. That first special education law has undergone several updates over the past 30 years. In 1990 the law got a new name - The Individuals with Disabilities Education Act, or IDEA. The most recent version of IDEA was passed by Congress in 2004. It can be referred to as either IDEA 2004 or IDEA.

IDEA gives states federal funds to help make special education services available for students with disabilities. It also provides very specific requirements to ensure a free appropriate public education (FAPE) for students with disabilities. FAPE is the protected right of every eligible child, in all 50 states and U.S. territories.

Today, more than six million school-age children in the United States receive special education services. Almost half - some 2.8 million - are students identified with a specific learning disability.

Federal Regulations

In addition to the federal law passed by Congress, the U.S. Department of Education is required to provide states with federal regulations that further define the meaning of the law including many of the important changes. These regulations also provide guidance to states as to how the law is to be interpreted and carried out in schools. Final federal regulations were published in August of 2006 and became effective on October 13, 2006.

Information in this guide is based on both the IDEA 2004 law and regulations.

State Special Education Regulations

As part of their responsibilities required by IDEA, every state must issue state rules or regulations that provide guidance on the implementation of IDEA within the state. At a minimum, state regulations must provide all of the protections contained in IDEA. Some states have additional regulatory requirements that go beyond IDEA. Therefore, while the information in this guide reflects the basic requirements of IDEA, it is critical that parents obtain a copy of their state special education regulations and understand the additional requirements they contain. So, consider the information in this guide only half of your information source.