Many parents filing disability claims on behalf of their child ask our office what they can do to strengthen their child’s case. Often these parents have been struggling on their own to manage the child’s behavioral problems, mental health diagnoses, learning disabilities, and/or physical limitations. One of the first things my office asks such parents is whether the child has an Individualized Education Program (IEP). An IEP specifies support services to be provided to a child by their school or local social services department, describes the child’s present levels of performance, and specifies accommodations and modifications to be provided for the child in current or future academic settings.
In short, an IEP gives parents and children enforceable rights to services addressing the child’s disabilities. This blog post is Part I in a multi-part series that will examine the law behind IEPs, how parents can find out whether their child is eligible for an IEP, how IEPs are created, and how parents can effectively use an IEP once it is established.
Public schools are required to create IEPs for eligible students under The Individuals with Disabilities Education Act (IDEA), a federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities. IDEA addresses the educational needs of children with disabilities from birth to age 18 (or 21 in some cases). Under IDEA, “disabilities” include: mental retardation, hearing impairments, speech or language impairments, visual impairments, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities.
Children and youth (ages 3-21) receive special education and related services under IDEA Part B. Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part C. Part C deserves special attention, because many parents do not know they can secure services for their child before the child starts Kindergarten. Parents are often the first to notice that a child may be suffering from developmental delays, learning disabilities, or physical or mental impairments. IDEA, and the IEPs it requires, allows parents to get these problems identified and diagnosed early and ensures the necessary services will be available in order to give a child the best chance to succeed.
For more information about IDEA check out: http://idea.ed.gov/
