Basics of Special Education: Federal Legal Requirements

Federal Legal Requirements

1974 IDEA Individuals with Disabilities Education Act

The major components of the original legislation had as it's intent to ensure that children with disabilities have access to a free appropriate public education with special education services designed to meet their unique and individual needs that prepare them for employment and independent living. IDEA Part B§300.1

1997 IDEA Reauthorization

The 1997 reauthorization of IDEA further defined the regulations that schools must follow, with particular emphasis on the concept that children with disabilities are full participants in all aspects of the school program. Further the regulations emphasize the special education is a service not a "place." The following elements are the key concepts that must be in place to assure that the school is meeting its legal requirements.

Children with disabilities must:

IDEA '97 Law & Regs

Participate and make progress in the general education curriculum§300.137
Have an equal opportunity to participate in non-academic and extra curricular activities§300.306
Participate in education to the maximum extent appropriate with their non disabled peers (LRE)§300.550
Be placed in special classes, have separate schooling or be removed from regular education environment occurs only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily§300.550
Be included in district-wide assessments with appropriate accommodations and modifications or participate in alternate assessment programs§300.138
Have an IEP team that consists of the parent, at least one (1) regular education teacher, one (1) special education teacher, a representative of the public agency* (generally the principal or designee) and the child if appropriate§300.344

2004 IDEA Reauthorization

The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004, by President George W. Bush. As the nation's special education law, IDEA serves approximately 6.8 million children and youth with disabilities. Because the new regulations guiding school personnel have not been issued by the Office of Special Education Programs (OSEP) at this time, OSEP has developed a series of topic briefs around several high-interest areas of IDEA. Topic briefs include a summary of all relevant statutory language around that topic, the citations and a cross-reference, when applicable, to other related briefs. The links to the briefs are listed below.

U.S. Department of Education: IDEA 2004 Resources

Council for Exceptional Children: IDEA Resources

In updating IDEA, Congress sought to reduce the complexity of the law, the number of required meetings, and the paperwork involved in providing special education and related services. Parents continue to be full and equal partners in the development of a student's IEP. IEP team discussions should promote parent participation.

Despite a number of new provisions designed to provide flexibility within the IEP process, it remains crucial that special education services are carefully and closely linked to a student's goals—both academic and functional—and that the process be a collaborative effort focused on student need.

The Basics of Special Education