What Is IDEA?
To understand your child’s rights in America’s public schools, it helps to start with one of the primary laws governing the education of children with disabilities: the Individuals with Disabilities Education Improvement Act of 2004 (P.L. 108-446). IDEA is a federal law that guarantees a free and appropriate public education for every child with a disability.
This means that if you enroll your child in public school, his/her education should be at no cost to you and should be appropriate for his/her age, ability and developmental level.
IDEA is an amended version of the Education for All Handicapped Children Act (P.L. 94-142), passed in 1975. In 2004, IDEA was reauthorized (P.L. 108-446), further defining children’s rights to educational services and strengthening the role of parents in the educational planning process for their children.
Getting a Copy of IDEA
Copies of the IDEA law and/or regulations are available from the Government Printing Office or may be available at your public library. Your state senator may also be able to provide you with a copy. Or you can visit the Web site of the Families and Advocates Partnership for Education (FAPE) project, run by the PACER Center and funded by the U.S. Department of Education or the IDEA Partnerships Web site for information on the law and its regulations.
IDEA has both statutes and regulations. The IDEA statute is the governing legislation – the language of the law – and the regulations are an explanation of how the law is to be enacted. The law explains what conditions exist; the regulations explain how these conditions are applied.
No Child Left Behind
The No Child Left Behind Act was designed to give all students – including those with disabilities – the opportunity to have an appropriate, high-quality education. It does this by creating a state-by-state accountability system. For students with disabilities, the law requires that their academic progress be measured and reported. As a result, parents of children with disabilities can learn how their children, as a category of students, are achieving compared to their non-disabled peers. While NCLB has many challenges, it has been positive for students with disabilities because children whose progress is measured get taught.
Other Laws
Two other laws governing the educational rights of students with disabilities are the Family Educational Rights and Privacy Act of 1974 (P.L. 93-380), and Section 504 of the Rehabilitation Act of 1973, (P.L. 93-112).
In brief, the Family Educational Rights and Privacy Act (FERPA) protects the privacy of a student’s educational records and outlines inspection and release of information. Section 504 of the Rehabilitation Act protects the civil rights of persons with disabilities. It prohibits discrimination against a person with a disability by an agency receiving federal funds.
General Legal Resources
Congressional Email
Department of Justice
IDEA
Section 504 Overview
Section 504 Summary
Legal Resource
Local Legal and/or Advocacy Resources
Davidson County
Disability Law & Advocacy Center of Tennessee, Inc.
2416 21st Avenue South
Nashville, TN 37212
Toll Free Phone: 800-342-1660
Phone: 615-298-1080
TTY: 888-852-2852
FAX: 615-298-2046
Email: GetHelp@DLACTN.org
The Arc of Davidson County
111 North Wilson Blvd.
Nashville, TN 37205
Phone: 615-321-5699
Email: arc@arcdc.org
Legal Aid Society
Phone: 615-244-6610
Hamilton County
The Arc of Hamilton County
4613 Brainerd
Chattanooga, TN 36411
Phone: 423-624-6887
Fax: 423-624-3974
Email: TheArcofHamilton@inbox.com
Knox County
Tennessee Voices For Children
Phone: 865-609-2490
Fax: 865-609-2490
Madison County
Tennessee Voices For Children
Phone: 731-984-8599
Fax: 731-984-8575
Shelby County
The Arc of the Mid-South
3485 Poplar Avenue, Suite 210
Memphis, TN 38111
Phone: 901-327-2473
Fax: 901-327-2687
Email: msarc@arcmidsouth.net
Washington County
The Arc of Washington County
Bill Schiers, Executive Director
2700 South Roan Street, Suite 300 B
Johnson City, TN 37601
Phone: 423-928-9362
Fax: 423-928-7431
Email: kim@arcwc.org
Williamson County
The Arc of Williamson County
Sharon Bottorff, Executive Director
129 W. Fowlkes Street, Suite 151
Franklin, TN 37064
Phone: 615-790-5815
Fax: 615-790-5891