The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures students with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment (LRE)
This section sets up the basic framework and goals of IDEA. It explains the law's purpose: to ensure all children with disabilities receive a free, appropriate public education that meets their unique needs and prepares them for employment and independent living. Part A also defines important terms and establishes the federal funding structure.
This is the main section that affects most families. Part B covers children ages 3-21 and requires schools to provide special education services. It outlines how students are identified, evaluated, and served, and establishes parents' rights in the process.
Part C focuses on early intervention services for babies and toddlers (birth to age 3) who have developmental delays or disabilities. These services are typically provided through state agencies rather than schools and emphasize supporting the whole family.
Your disability needs to be in one of these categories.
You must need special education services because of that disability - meaning the disability affects the child's educational performance and they need specially designed instruction to make progress
Anyone can refer a child for evaluation - parents, teachers, doctors, or other professionals. Parents can request an evaluation in writing at any time.
The school has 60 days (or follows state timelines) to complete a comprehensive evaluation after getting written parent consent. This evaluation looks at all areas of suspected disability.
A team including parents, teachers, and specialists reviews all evaluation results to determine if the child qualifies for special education services.
If eligible, the team creates an Individualized Education Program (IEP) within 30 days of the eligibility decision.
The law creates a preference for inclusion, with services provided in this order of consideration:
The key is finding the right balance where your child can make meaningful progress while participating with typical peers as much as possible.
You have important protections throughout the special education process:
before the school proposes or refuses to change your child's identification, evaluation, or placement
schools must get your written permission before initial evaluations and before providing services
you can request an evaluation by someone outside the school district
you can review and get copies of your child's educational records
formal ways to resolve disagreements
Parents are equal members of the IEP team and have the right to:
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All school evaluations are free - you never pay for the school's initial evaluation, reevaluations, or any assessments the school conducts
If you disagree with the school's evaluation, you have the right to request an IEE:
When you can request an IEE:
IEE Process:
IEE Costs:
Important Notes:
The NYC Early Intervention Program's Developmental Monitoring Unit helps families track their child's development from birth to age 3 using the Ages and Stages 3 Questionnaire to compare their child's progress to typical development. A specialist reviews the results with families and may recommend activities, another assessment, or referral for Early Intervention services, with referrals made by calling 311.
Parents can use this tool from the American Academy of Pediatrics' Healthy Children.org website to search for an AAP member pediatrician or pediatric sub-specialist in their area. The site is backed by over 60,000 pediatricians and provides trusted parenting information along with tools to locate qualified pediatric healthcare providers.
CDC's Milestone Tracker is a free mobile app that helps parents track their child's developmental milestones from 2 months to 5 years using illustrated checklists, photos, and videos that show what each milestone looks like. The app includes features for multiple children, tips for encouraging development, appointment tracking, and guidance on when to talk with a doctor about developmental concerns.
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