Legal Issues/IDEA

As you look through our website you will see that there is a specialized vocabulary that is used in the world of learning issues and special education. Terms like FAPE (free, appropriate, public education), IEP (Individualized Educational Program) and Least Restrictive Environment are all creations of a federal law called the Individuals with Disabilities Education Act (IDEA), which has a counterpart in every state. In New York, these can be found in Article 89 of the New York Education Law. The IDEA is the federal basis of most of the rights available to children with learning issues.

The IDEA first appeared in substantially its present form in 1990 and was revised in 1997. Most recently, the IDEA was revised by Congress and these revisions were signed into law by the President on December 3, 2004 and most provisions took effect on July 1, 2005. New York and other states have updated their special education laws to bring them in line with the IDEA.

There are numerous resources that delve into the legal details of these laws. One of these is Wrightslaw, the creation of Pete and Pam Wright. He is an attorney who has struggled with his own learning issues and she is a psychotherapist. This is a commercial site, including links to purchase their books and materials, but it is also full of information and well regarded by advocates in the special education field.

Despite its importance, the IDEA is not the only federal law protecting children with learning problems. Section 504 of the Rehabilitation Act of 1973 protects individuals with “handicaps” from denial of benefits or discrimination from any program receiving federal funds – which includes essentially all school districts.

The definition of a "handicapped person" under §504 is broader than the definition of "a child with a disability" under IDEA and New York law. The Wrightslaw site has a good explanation of the differences between the two laws.

Many parents have heard about the No Child Left Behind law of 2001(NCLB).  An extensive discussion of the provisions of NCLB and how it impacts children with learning differences can be found on the website LD Online.