by Melinda Clayton

Created on: November 16, 2010

As any parent of a child with a disability knows, one of the greatest challenges faced is that of maneuvering through the maze of legislation designed to protect the educational rights of the child.  From Individualized Education Programs to manifestation hearings, the process can be frustrating and confusing, particularly if one does not have a firm understanding of special education law.

Two pieces of legislation in particular drive the process:  The Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act of 1973.

The Individuals with Disabilities Education Act (IDEA) is a 1990 revision of the original Education for All Handicapped Children Act of 1975. The IDEA was amended in 1997, and again in 2004.  The purpose of the IDEA is to establish and enforce criteria that states must follow in providing special education services to students with disabilities.

The IDEA protects the rights of children with disabilities in several ways.  First, it provides for the use of federal grant monies by states to provide early intervention services for infants and toddlers identified as having a disability. 

Next, the IDEA mandates the proper identification and evaluation procedures to be used to ensure that children with special needs receive the appropriate educational services. All children, from birth to age 21, who exhibit a need for special education services, or who are suspected of needing special education services, must be located, identified, and evaluated.

The IDEA also specifies that schools must have a method for measuring the academic progress of children with disabilities.  Historically, children with disabilities were often segregated from the general population and simply warehoused throughout the day.  Under the IDEA, students with disabilities must have an Individualized Education Program (IEP) with specific goals and measurable outcomes.

The IDEA also outlines specific disciplinary procedures to use when a student with a disability exhibits challenging or dangerous behaviors.  In the past, children with disabilities who exhibited challenging behaviors were often simply suspended or expelled.  The IDEA outlines specific steps for ensuring that proactive, positive interventions are implemented before suspension or expulsion takes place.

Under the IDEA, children with disabilities are identified according to 13 different disabilities:  (a) autism, (b) deaf-blindness, (c)

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