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Questions about classification

  Q:  What is the law that protects children in special education?

A:  The law that protects children in special education is called the Individuals with Disabilities Education Act (IDEA).  (This law was reauthorized on December 3rd, 2004, click here for more information). Listed below are some of the purposes of this law:

  • to ensure that all children with disabilities are given a free appropriate public education (otherwise known as FAPE) which includes special education and related services designed to fit each child's needs.
  • to ensure that the rights of students and parents are protected.
  • to ensure that students with disabilities will be included in the general education setting, as much as possible, with their non-disabled peers (otherwise known as least restrictive environment or LRE).
  • to assist school districts in providing education for all students with disabilities.
  • to ensure that all students are evaluated in a non-discriminatory manner.
  • to ensure that all students with disabilities are located and identified (otherwise known as "child find").
  Q:  Is everyone eligible for special education?

A:  No, the Individuals with Disabilities Education Act defines children with disabilities as:

  • those who have been evaluated in accordance with IDEA requirements, and
  • those who have been determined through the evaluation process to have one or more disabilities listed under IDEA (click here for disability descriptions), and
  • those who need special education/related services because of their disability.
 
 
 
Q:  If a child is not eligible for special education, can they still qualify for extra help at school?

A:  Possibly, extra help may be obtained if the child:

  • has a disability. They may qualify for educational services under Section 504 (A civil rights act that protects all people with disabilities).  Click Here for more information.
  • qualifies for Title 1, Safety Net, or other educational services at school. Contact your local school district for more information.
 

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