• The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures children with disabilities have access to a free and appropriate public education (FAPE). IDEA covers 6 sections to support families of children with disabilities.
  

  1. Free Appropriate Public Education-every child with a disability is entitled to a Free Appropriate Public Education (FAPE)

  2. Appropriate Evaluation- schools conduct “appropriate evaluations” of students are suspected of having a disability

  3. Individualized Education Plan- established by the IDEA to help ensure every child’s to a Free Appropriate Public Education

  4. Least Restrictive Environment- a student is guaranteed placement in the Least Restrictive Environment (LRE) possible

  5. Parent Participation- ensures that parents have the right in the decision-making process regarding their student with a disability

Procedural Safeguards- help parents and students enforce their rights under federal law

• Free and Appropriate Public Education is designed to ensure that all students with disabilities are provided with a free opportunity to receive appropriate accommodations and supports in the educational setting. The three components of FAPE include:
  

1. Free access with no costs to the parent

2. Public opportunity to engage in education (including the charter school setting)

3. Educational access to all materials provided to general education students

No, under the Individuals with Disabilities Education Act (IDEA), a child with a disability cannot be sent home frequently for behaviors directly related to their disability; if the school suspects a behavior is a manifestation of their disability, they must conduct a "manifestation determination" to determine if their disability indeed causes the behavior, and if so, disciplinary actions should be focused on addressing the underlying issue through the IEP, not simply sending the child home repeatedly. Your child should not be “out of placement” for more than 10 school days, per year, prior to conducting the Manifestation Determination Meeting.

Yes, general education teachers are responsible for ensuring that a child with an IEP receives all of their accommodations listed on the plan, meaning they must implement the accommodations outlined in the student's Individualized Education Program (IEP) within their classroom setting; this includes actively providing the necessary supports and adjustments to facilitate the student's learning.

Yes, a special education paraprofessional can service a child's push-in minutes on their IEP, but only under the direct supervision of a certified special education teacher; they cannot independently provide the full instructional component of those minutes as they are not considered teachers themselves.

Yes. You can also request a referral for assessment at any time. Send a written, dated referral to your local school administrator (for example, the principal or special education program consultant); outline your areas of concern about your child’s suspected disability and request an “evaluation” or “assessment.” Follow up with a phone call to ensure the school district is aware of your referral and to remind them of the 60-day timeline they must follow.

• To determine if your child is placed in the Least Restrictive Environment (LRE), check if they are primarily educated in a general education classroom with their non-disabled peers, with any necessary supports like aides or modifications provided to accommodate their individual needs, as outlined in their Individualized Education Program (IEP); if they are placed in a more restrictive setting, the IEP should clearly explain why this is the most appropriate option for their education based on their specific needs.
  

  1. General education classroom with support: Considered the most inclusive LRE, where students receive instruction in a regular classroom with necessary modifications or support services.

  2. Partial mainstream/inclusion classroom: Students spend part of their day in a general education classroom and part in a special education setting.

  3. Special education classroom: A dedicated space where students with similar needs are grouped together, but still may have some access to general education classes.

Yes, you can absolutely request a reevaluation for your child at school if you believe their current special education services are not adequate; under the Individuals with Disabilities Education Act (IDEA), parents have the right to ask for a reevaluation whenever they feel the current IEP is not meeting their child's needs.