Navigating the education system can be challenging for students with special needs and their families. Fortunately, the Individuals with Disabilities Education Act (IDEA) provides a robust framework to ensure that eligible students receive the support they need. IDEA is a federal law built on six key principles that guarantee specific rights and protections.
The six principles of IDEA are:
1. Free Appropriate Public Education (FAPE)
Students with disabilities have the right to a free and appropriate education (FAPE) tailored to their needs. This means they get special education services, accommodations, and modifications at no cost to their families. To better understand what FAPE entails, let’s break down its key components:
- Free: Education for children with disabilities is provided at no cost to parents, except for incidental fees like club memberships, which are the same as for general education students.
- Appropriate: Each child with a disability is entitled to an education tailored to their individual needs, including suitably challenging goals and supporting progress in the general education curriculum. Depending on the unique needs of the student, appropriate services may include transition services that continue through the school year in which the student turns 21 years of age.
- Public: Children with disabilities have the same right to attend public schools as their non-disabled peers. Public schools must accommodate their individual needs and help them plan for the future.
- Education: All children in the state between the ages of 5 and 18 are entitled to a public education. Eligible children with disabilities will receive a public education that includes special education and related services, preparing them for further education, employment, and independent living.
IDEA requires schools to take a closer look at children with potential disabilities (Child Find Mandate). Before a student can receive special education services, an appropriate evaluation must be conducted. This comprehensive assessment is designed to identify the child’s specific educational needs. The evaluation must be free of bias, use multiple methods of assessment, and be conducted by a team of qualified professionals. Parents and guardians have the right to be involved in this process. The results provide information that the school and parents use to make decisions about how the child’s education can be improved.
The school follows specific deadlines for an evaluation process. They have 25 school days to respond to the referral in writing. If they proceed with the evaluation, they have 35 school days to complete the assessment.
3. Individualized Education Program (IEP)
The IEP is a critical component of IDEA. The IEP is developed collaboratively by a team that includes the student, parent(s) or guardian(s), teachers, school administrators, and other specialists. The program is reviewed at least once a year. Every student on an IEP gets some extra help from teachers, but the rest of the program depends on what a student needs to learn. Areas of need may be academic, social and emotional skills, and/or general life skills.
Washington State requires schools to start IEP services within 30 calendar days of the eligibility finding. That means school staff generally start drafting the IEP right after the school and family meet to talk about the evaluation and the student’s eligibility. A family member can ask to extend the 30-day deadline, but schools cannot delay the process without parental consent.
4. Least Restrictive Environment (LRE)
IDEA emphasizes that children should be educated alongside their non-disabled peers “to the maximum extent appropriate.” This principle ensures that children with disabilities have access to the same educational opportunities as their peers. General education classrooms and school spaces are the least restrictive. If the school has provided extra help in the classroom but the special education student still struggles to access FAPE, then the IEP team considers other options. The school explains placement and LRE in writing on the IEP document.
5. Parent and Student Participation
The IDEA and state regulations about IEP team membership make it clear that parents or legal guardians are equal partners with school staff in making decisions about their student’s education. This includes participation in IEP meetings, access to educational records, and the ability to provide input on educational goals and services. As a child matures, they are also encouraged to participate in the decision-making process, promoting self-advocacy and independence. When the student turns 18, educational decision-making is given to the student. The school does its best to bring parents and students into the meetings, and there are specific rules about how the school provides written records and meeting notices (WAC 392-172A-03100).
Procedural safeguards are designed to protect parent and student rights by ensuring that they receive a written explanation of their rights at the time of referral for special educational evaluation and every year after. When parents and schools disagree, these rights describe the actions a parent can take informally or formally.
A copy of the procedural safeguards is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI), the guidance agency for Washington schools. Parents may receive procedural safeguards from the school any time they request them. They also may receive a copy if they file a complaint with the state. Procedural safeguards are offered when a school removes a student for more than 10 days in a school year through exclusionary discipline.
Learn more about IDEA
IDEA ensures that individuals with disabilities receive support and education throughout their lives, from early childhood through adulthood. It drives how states design their own special education policies and procedures. In Washington State, rules for the provision of special education are in Chapter 392-172A of the Washington Administrative Code (WAC).
PAVE provides training on a variety of topics, including IDEA. Trainings are live and on-demand, in person and online. Register for an upcoming training on the PAVE calendar.
Additional Information:
- Section 504: A Plan for Equity, Access and Accommodations
- Transitioning Rights and Accommodations from IDEA to ADA and 504
- What Parents Need to Know when Disability Impacts Behavior and Discipline at School
- Military Interstate Children’s Compact Commission (MIC3), Part 3: How the Compact Protects Academic Progress toward Graduation
- Your Child’s Application for Developmental Disabilities (DDA)
- Procedural Safeguards: Student and Parent Rights in Special Education
- Placement: Deciding Where a Student Spends the School Day
- IDEA: The Foundation of Special Education
- When Parents and Schools Disagree: Navigating Special Education Disputes
- 2024 Law in Washington State Requires Daily Recess for Children in Public Schools
- From Birth to Three Toolkit
- Ages 3-5 Transition Toolkit
- Where to Begin When A Student Needs Help
- Planning my Path – A User-Friendly Toolkit for Young Adults
- Special Education Blueprint: The Six Principles of IDEA
- Starting School: When and How to Enroll a Student in School
- Tips to Help Parents Plan for the Upcoming School Year
- Steps to Read, Understand, and Develop an Initial IEP
- Steps to Read, Develop, and Understand an IEP Worksheet
- What Happens During an Early Intervention Evaluation?