What is the Foundation for Special Education?

The foundation for special education in the United States is the Individuals with Disabilities Education Act.  The Individuals with Disabilities Education Act is established law that stipulates that schools must follow a process when educating students with disabilities.  The Individuals with Disabilities Education Act, better known by its acronym, IDEA is mandated to provide students with a free and appropriate public education.   More specifically, the intent of  IDEA is to provide children with a disability the same opportunity for education as typically developing children.

IDEA was formerly known as the Education for All Handicapped Childen (EHA).  The Education forAll Handicapped Children was first authorized in 1975 and was reauthorized in 1990 by Congress.  In addition to reauthorizing the legislation, Congress changed the name from Education for All Handicapped Children to the Invididuals with Disabilities Education Act (public law No. 94-112).

At the macrolevel, IDEA is comprised of four component parts.  Part A covers general provisions of the law.  Part B covers assistance for education of all children with disabilities.  Part C covers infants and toddlers from birth to age 3.  And, Part D covers national support program administered at the federal level.  And, at the microlevel, IDEA has six component parts which include the Individualized Educational Plan, free and appropriate public education, least restrictive environment, appropriate evaluations, parent/teacher participation and procedural safeguards.  In addtion, confidentality of information, transition services and discipline are also key component parts.

The provision of a free and appropriate public education, or FAPE is guaranteed by IDEA under United States Code, Section 1400 (c) (5) (A) (i).  FAPE is special education and related services that are provided at public expense, meet the standards of the state educational agency such as NY State Educational Department, and ensures that services are provided within an appropriate preschool, elementary or secondary school. And, most importantly, FAPE ensures that special education and related services are designed to meet the unique needs of the individual student so as to prepare them for further education, employment and independent living.

FAPE is the most important legal right your child has within a school system.  FAPE entitles your child to an education that is specifically tailored to their needs.  Your child’s educational needs may require accomodations, modifications, class placement or educational goals within the least restrictive environment.  And, FAPE guarantees that all of these services are memorialized within the Individualized Educational Plan.  Thus, FAPE ensures that your child has as easy access as possible to the general education curriculum with appropriate supports.

Although FAPE guarantees access to the edcuational system, it does not guarantee that your child receives the best.  FAPE only entitles a student to an appropriate education that has been reasonably calculated to maximize potential.  When provided appropriately, FAPE establishes the framework for educating a student with a disability.