IDEA
Individuals with Disabilities Education Act
Originally called the Education for all Handicapped Children
Act of 1975 (EHA) PL 94-142, this federal law requires that a
Free, Appropriate, Public Education (FAPE) be made available to
all exceptional students.
In 1986, Amendment PL. 99-457 extended this right to children
ages 3 to 5. Part H of this amendment establishes early intervention
programs for children birth through age 2.
The EHA was amended by the Individuals with Disabilities Education
Act (IDEA) which went into effect in October, 1990. IDEA guarantees
certain civil rights to all children with disabilities and their
parents, as well as adding new eligibility categories, related
services and others.
The purpose of IDEA '97 is:
- To ensure that all children with disabilities have
available to them a free appropriate public education that emphasizes
special education and related services designed to meet their
unique needs and prepare them for employment and independent
living;
- To ensure that rights of children with disabilities
and their parents are protected;
- To assist states, localities, educational service
agencies, and federal agencies to provide for the education
of all children with disabilities; and
- To assess and ensure the effectiveness of efforts
to educate children with disabilities.
When working with Maine State Education Regulations (MSER),
it is important to remember that IDEA '97 supercedes MSER, except
in cases where MSER allow for greater clarity of individual rights.
When this occurs, MSER is looked to for procedural compliance.
With the passage of IDEA '97, states are required to mirror the
federal language. There are instances where MSER has elected to
expand on the federal language. (i.e.: MSER, Chapter 101, Section
8.9, p. 49 requires Minutes of PET meetings; nowhere in IDEA '97
is this required.)
FMI: To get a copy of IDEA '97 call the
Maine Department of Education, Special Services, call (207) 624-6650.
 |
Parental
involvement in decisions about the child’s educational
program has remained the focus of EHA/IDEA since the law was
enacted in 1975. |
