IDEA Gives Disabled Children the Right to a Good Education
WHAT IS THE IDEA?
The Individuals with Disabilities Education Act (IDEA) is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities. The IDEA was enacted in 1975 as the Education for All Handicapped Children Act (EAHCA). However, it was later renamed the Individuals with Disabilities Education Act in 1990.
IDEA ensures that children with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment (LRE). The main components of IDEA include:
- Free Appropriate Public Education (FAPE): Under IDEA, children with disabilities qualify for educational services that meet their unique needs at no cost to their families.
- Individualized Education Program (IEP): Schools must develop an individualized education program for each eligible student with a disability. The IEP outlines the present levels of performance of the student and their annual goals. It also discusses the special education and related services, accommodations, and progress monitoring procedures the child needs.
- Least Restrictive Environment (LRE): IDEA requires that students with disabilities are educated to the maximum extent appropriate with their peers. This means placing students in general education classrooms alongside their peers without disabilities to the greatest extent possible.
- Procedural Safeguards: IDEA includes a set of procedural safeguards to protect the rights of children with disabilities and their parents. These include provisions for parental involvement in the development of the IEP. It also involves the dispute resolution processes and the right to due process.
JUSTICE GORSUCH & THE IDEA
The IDEA gives disabled children the right to a good education. It also gives them the right to a free and appropriate public education. This means there are high standards in education. And, school and educators should implement those standards to help disabled children learn.
However, Supreme Court Justice Gorsuch has specific opinions regarding disabled children and their right to a free education under the IDEA. You may recall that during Gorsuch’s congressional hearings, the U.S. Supreme Court overturned his decision in the Luke P. case.
THE LUKE P. CASE
The Luke P. case held that a school district complies with the law to educate disabled children, as long as they provide educational benefits that meet a “de minimis” standard. “De minimis” is a Latin phrase meaning “so minor as to merit disregard.” When decisions use this language, it means the lowest possible standard.
In his decision, Gorsuch essentially found that school districts comply with their obligation to educate disabled students as long as they give disabled students little more than nothing. Thank goodness the U.S. Supreme Court unanimously rejected Gorsuch’s approach. Chief Justice Roberts, in Endrew v. Douglas County School District, wrote that the standard for educating children with disabilities under the IDEA “is markedly more demanding than the de minimis test applied by the Tenth Circuit.”
THE SUPREME COURT
Justice Roberts also stated that Gorsuch’s approach would effectively strip disabled students of appropriate education. The IDEA helps educators teach students with disabilities on an individual basis. Therefore, this helps them learn the skills they need to be part of society. It remains to be seen whether Gorsuch will respect the disabled community in his future decisions. For now, the Supreme Court agrees that the IDEA gives disabled children have a right to a free and good education.
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