What is special education? 

Special education is the term used to describe services and supports schools put in place to ensure that children with disabilities have access to the regular education curriculum at their school and can, to the extent possible, participate in school activities, classes, and events.  It is governed by three laws:  Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA).  This section of the site explains the provisions of the IDEA in more detail.  For information about Section 504 and the ADA, visit the Disability Discrimination page on this website.

What is the Individuals with Disabilities Education Act (IDEA)?

IDEA is the federal law that guarantees the right of public school students to attend school and access the regular education curriculum in their school. IDEA was passed by the U.S. Congress in 1975 and was originally called the "Education of All Handicapped Children Act."  Congress has amended and renamed the law several times since then.  The most recent amendment to IDEA occurred in 2004.  The website www.wrightslaw.com is a free resource for parents, students, and advocates and contains the text of the IDEA and more information about the IDEA and other special education issues.

IDEA guarantees children with disabilities access to a free appropriate public education (also called FAPE) in the least restrictive environment (LRE).

Does IDEA apply to private schools?

Generally, no.  IDEA guarantees children the right to a public education, not a private one.  But IDEA does require school districts to identify all children with disabilities, regardless of whether they attend public or private schools.  There are also situations when a public school district may be required to pay for a child to attend a private school because it cannot provide FAPE in its public schools.  If you think this situation applies to you, contact your local legal aid program.

What Is a Free Appropriate Public Education (FAPE)?

The following table provides a definition of each of the terms used to describe FAPE.

Least restrictive environment, or LRE, describes the setting in which the student will learn. IDEA assumes that students with disabilities will be in a regular classroom, with their typical peers, whenever possible. If students need extra help or services to remain in the regular classroom, those services must be provided.  Only if a student cannot make educational progress in a regular classroom, even with help, should a student be placed in a separate classroom or facility. A team of people who have special expertise and knowledge about the student's needs, including the student’s parents and often, the student, decides the student's placement when they write the Individualized Education Program (IEP).

For more help or to get specific answers to your questions about special education and the IDEA, you can contact any one of the following organizations:

• Your Local Legal Aid Office or call 1-866-LAW-OHIO (529-6446)
  

• Ohio Legal Rights Service (OLRS)or call 1-800-282-9181
  

• Ohio Coalition for the Education of Children with Disabilities (OCECD) or call 1-800-374-2806
  

• Parent Mentors - Ask your school district if they have one.

• Private Attorneys - Ask your local Legal Aid office or check your local yellow pages.