Federal Special Education Law - IDEA
The federal Individuals with Disabilities in Education Act (IDEA) was originally enacted by the United States Congress in 1975 to ensure that children with disabilities receive a free appropriate public education (FAPE). The law has been revised many times over the years. The most recent amendments were passed by Congress in 2004, with final regulations published in 2006 (Part B for school-aged children) and in 2011 (Part C for babies and toddlers). Since all states currently accept federal education funding, all states are governed by the IDEA.
The IDEA requires states to:
- Have policies and procedures for identifying students with disabilities.
- Provide special education services to eligible students.
- Have at least one Parent Training and Information Center (PTI) to answer parent questions and assist with dispute resolution. (Iowa's PTI is ASK Resource Center in Johnston, Iowa.)
The IDEA and Dyslexia
Dyslexia is listed as an example of a Specific Learning Disability in the text of the IDEA. However, a private diagnosis of dyslexia does not automatically make a child is eligible for special education.
To qualify for special education, a student must be found to:
-
- Have a disability and
- Need specially designed instruction
In Iowa, it is the responsibility of the Area Education Agency (AEA) to conduct special education evaluations and lead the process of determining which children have a disability under the law and need specially designed instruction. AEA evaluations are non-diagnostic and typically focus on academic achievement - in other words, how well a child is doing in school subjects.
Many parents report being told their child is not eligible for special education because they are not performing in the bottom 10-12 percent academically. Parents need to know that using cutoffs in this manner is against both the IDEA and AEA procedures. Both IDEA and AEA procedures require special education eligibility to be decided by a team of people using multiple sources of data. In addition to data gathered by the AEA, the team must consider any outside information parents provide, including private diagnostic evaluations. Furthermore, according to the IDEA, it is possible for a child to be getting good grades, yet have a disability and be in need of specially designed instruction.
It is important to know that Iowa is the only state in the country that is non-categorical regarding special education. This means that the AEA does not use the specific disability categories listed in the IDEA when classifying a student as eligible for special education. In Iowa all students who qualify are referred to as "eligible individuals."
More Information
Becoming familiar with the IDEA and Iowa's interpretation of it is recommended for all parents of children with dyslexia. The following resources provide further information:
- Iowa I3 Information - This website has all of the AEA's special education procedures
- IDEA 2004 - Information from Wrightslaw and links to the text of IDEA
- ASK Resource Center - Iowa's federally funded Parent Training and Information Center
- Contact us for a list of Iowa advocates and attorneys who specialize in special education.