The Individuals with Disabilities Education Act (IDEA) was introduced by Congress in 1975, initially known as the Education for All Handicapped Children Act. This significant legislation mandates specific responsibilities for local Boards of Education concerning students who require special education. IDEA ensures that "all children with disabilities have access to a free appropriate public education (FAPE) that emphasizes special education and related services tailored to their unique needs and prepares them for further education, employment, and independent living…” Additionally, IDEA specifies the following:
Free Appropriate Public Education
The term "free appropriate public education" refers to special education and related services that:
- Are provided at public expense, under public supervision and direction, and without charge
- Meet the standards set by the State educational agency
- Include an appropriate preschool, elementary school, or secondary school education in the State involved
- Conform with the individualized education program required under section 1414(d) of this title
Local Education Agencies
Under the IDEA, public school districts, identified as Local Education Agencies (LEA), are tasked with ensuring each child with a disability receives the required special education and related services tailored to meet their individual needs. Given the varied requirements of each child with a disability, there is no universal standard to assess whether a school district provides an "appropriate" education.
Legal Interpretations of FAPE
The U.S. Supreme Court examined the concept of FAPE in Board of Education of Hendrick Hudson Central School District v. Rowley. The ruling determined that a school district is not obligated to offer a full-time sign language interpreter to fulfill the requirements of an appropriate public education program. Instead, the district must adhere to the IDEA by offering individualized instruction intended to provide a "reasonable educational benefit, not maximum educational opportunities" for children with disabilities.
In March 2017, the interpretation of FAPE was further developed in Endrew F. v. Douglas County School District. The U.S. Supreme Court concluded that school districts must allow students with disabilities to achieve "appropriately ambitious" progress. The case arose when Endrew F.'s parents removed him from the local public school due to minimal progress and enrolled him in a private school where he showed notable academic and social improvement. The parents filed a complaint with the Colorado Department of Education to reclaim tuition costs. Although lower courts sided with the School District, emphasizing the IDEA's aim to provide access to public education rather than guarantee educational quality, the Supreme Court overturned the lower court's verdict. Chief Justice John Roberts asserted that IDEA demands progress suitable to the child's circumstances.
The term "free" signifies that the costs associated with delivering special education and related services are borne by the public school district where the child resides, without passing these costs to the child's parents. FAPE is a non-negotiable right, and a school district cannot forgo specific special education needs for a child due to financial considerations.
Section 504
In instances where a child's disability is not covered by IDEA, Section 504 of the Rehabilitation Act of 1973 may apply. Section 504 is a federal civil rights statute safeguarding the rights of individuals with disabilities who engage in programs and activities, such as public schools, receiving federal financial support. Section 504 characterizes a disabled person as one with a "physical or mental impairment that substantially limits one or more major life activities." Additionally, it protects individuals recognized or documented as having such impairments. Section 504 includes a mandate for schools to identify, locate, and evaluate all children with disabilities in their jurisdiction.
Eligibility Criteria
To qualify for IDEA's special education services, an individual's disability must affect their learning capacity. IDEA serves students aged three until they either no longer require services or reach the school year in which they turn 21, whichever comes first. Section 504 presents wider coverage compared to IDEA, automatically encompassing individuals eligible under IDEA. However, eligibility under Section 504 does not necessarily qualify an individual for special education services under IDEA.
Contact Us
If you have any questions regarding the Individuals with Disabilities Education Act, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
