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Chapter 5
Individuals with Disabilities
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Individuals with Disabilities
Education Act of 1990 (IDEA)
Mandatory Requirements

IDEA succeeded Public Law 94-142, to the
Education of All Handicapped Children Act
of 1975.
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The IDEA essentially guarantees a
disabled child, ages 3 to 21, the right to a
free, appropriate education in public
schools.
This act also establishes substantive and
procedural due process rights.
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Interpretation and Identification of
Children with Disabilities
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The term children with disabilities is
defined by the IDEA as those who meet
the following conditions:
Mental retardation, hearing impairments
which include deafness, speech or
language impairment. visual impairment
including blindness,
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learning disabilities, brain injury, emotional
disturbance, orthopedic impairments,
autism, traumatic brain injury, specific
learning disabilities, and other
impairments who by reason of such
conditions need special education and
related services.
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Individualized Educational
Program Requirement
At a minimum, each individual educational
program should include the following:
1. A statement detailing the child’s present
level of educational performance
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2.
3.
A statement of annual goals, as well as
short-term instructional objectives
A description of specific educational
services to be provided and a
determination as to whether the child is
able to participate in regular educational
programs
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4.
A description of transitional services to
be rendered if the child is a junior or
senior in high school, to ensure that
necessary services are provided when
the child leaves the regular school
environment
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5.
6.
A description of services to be provided
and a timetable for providing these
services
An explanation of relevant criteria and
procedures to be employed annually to
determine if instructional objectives are
or have been achieved.
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Equal Access to Assistive
Technology for Disabled Students

The Technology-Related Assistance for
Individuals with Disabilities Act
Amendments of 1994 provides financial
assistance to states to support systems
changes which assist in the development
and implementation of technology-related
support for individuals with disabilities.
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Program Review and Changes
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Each IEP must be reviewed and revised
annually, if necessary, to ensure that the
continuing needs of the child are met.
If changes are contemplated, the child’s
parent or legal guardian must be notified.
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If either objects to the proposed changes,
an impartial hearing must be held to
resolve the conflict.
If this process proves unsuccessful, the
parent or guardian may appeal to the
state agency and subsequently to the
courts if a resolution is not reached at the
state level.
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Education-Related
Service Requirement
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A related service is viewed as one that
must be provided to allow the disabled
child to benefit from special education.
A related services may be a single service
or an entire range of services or programs
needed to benefit the child.
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Examples of such services include, but are
not limited to the following:
transportation, medical services,
counseling services, psychological
services, physical therapy, speech
pathology, audiology, and occupational
therapy
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Least Restrictive Environment

The IDEA embraces the notion that
children with disabilities be placed in
educational settings which offer the least
amount of restrictions, when appropriate.
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The primary objective is to provide the
disabled child an opportunity to interact,
socialize and “learn” with regular students,
thus minimizing the tendency to become
stigmatized and isolated from the school’s
regular program.
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Inclusion of Children
with Disabilities
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Inclusion is an extension of the traditional
concept of mainstreaming.
Its intent is to ensure as much as possible,
and when appropriate, that disabled
children be placed in regular classrooms.
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Residential Placement
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Residential facilities are typically expensive
and in most cases more restrictive for the
disabled child.
However, IDEA requires such placements
where there is sufficient evidence that
residential placement is necessary to
provide special education and related
services to the disabled child.
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Disciplining Students
with Disabilities

It has long been held that disabled
children may not be punished for conduct
that is a manifestation of their disability.
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However, disabled students may be
disciplined by school authorities for any
behavior which is not associated with their
disability using regular disciplinary
procedures, as reflected in school policies.
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In situations where certain types of
discipline are warranted, an effort must be
made to ensure that the punishment does
not materially and substantially interrupt
the child’s education.
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