IDEA

The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures a free appropriate public education to eligible children with disabilities in D.C. and across the country. It allows for special education and related services to children who are differently abled or have disabilities. It can be important to seek legal counsel about how to assert these rights. If you are concerned about your child’s rights under the Individuals with Disabilities Education Act (IDEA), you should call dedicated Washington D.C. special education lawyer Matthew Famiglietti.

The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the country. It makes sure a children can get the special education and services she needs to access free and appropriate education.

IDEA is meant to do the following for your child who has disabilities:

• Make sure he or she receives a free appropriate public education with emphasis on special education tailored to meet her unique learning needs.
• Make sure his or her rights to education, and your own, are protected.
• Help governmental educational agencies teach him or her.
• Help states implement a system so disabled infants or todder can be given early intervention.
• Make sure teachers and parents possess tools they need to get educational results for children with disabilities.
• Assess the efforts made to teach children with disabilities who need special education.

The IDEA also authorizes:

• States to receive formula grants to support special education and early intervention services.
• Institutions of higher education to receive technical assistance, discretionary grants, preparation and development of staff, development of technology, and training for parents.

In order to get federal funding, school districts are required to adhere to six principles set forth in IDEA:

• Every student should be able to get a free and appropriate public education (FAPE).
• When a teacher or administrator believes that a student ages 3 - 21 may have a disability that substantially impacts the student’s learning, the student is entitled to be evaluated in every area related to the disability.
• An Individualized Education Plan (IEP) should be created for disabled students who need them.
• Schooling and services for children with disabilities needs to be offered in the environment that offers the least restrictions. When it’s possible, a child with an IEP should be placed in a regular classroom with students who don’t have disabilities.
• You and your child’s input must be taken into account in the education process.

The purpose of the IEP is to put forward a sequence of specific actions that teachers, administrators, parents and children should follow so a disabled child can meet particular objectives. Schools and students may strongly disagree on details of an IEP. If you feel an IEP is inappropriate for your child, or that your child isn’t receiving the services he or she needs, you have the right to due process under IDEA. With the help of an attorney, you may be able to assert your child’s rights, obtain an appropriate IEP or challenge an existing IEP.

In some cases, it is more appropriate to develop a Section 504 plan rather than an IEP. This is a law that requires a student to receive accommodations, rather than specialized instruction, in order to access education.

Many parents find themselves frustrated and at a loss with their disabled or differently abled children’s education. You shouldn’t have to assert your child’s legal rights alone. You should discuss your situation with our experienced Washington D.C. special education attorney Matthew T. Famiglietti. Mr. Famiglietti represents students and their families in D.C., Virginia, and Maryland. Complete our online form or call the Law Office of Matthew T. Famiglietti at (202) 669-5880.

Please note, there is a consultation fee for any calls related to this practice area.