Benefits for Students With Disabilities

Benefits for Students With Disabilities

Extent of the benefits that students with disabilities are entitled to receive

IDEA, the Individuals with Disabilities Education Act, is federal law that requires states accepting federal funding for their educational programs to make sure that all children with disabilities receive a free and appropriate public education of the same quality and level of appropriateness for their needs as non-disabled students, in the setting that is the least removed from regular classrooms as possible, provided that the student's special needs can still be met. Special support may include individualized services, special classes, and special aids. The nature of these supports are based on the student's unique needs, not the disability classification of the student to guarantee the student "meaningful access to the general curriculum" when the regular classroom can accommodate the student with such additional aids (Minow 2001). The act also states that students should be placed in the least restrictive education environment possible provided they can still learn.

Disabled students have a right to related services, such as psychological and social workers, when these individuals are necessary for a child to benefit from the educational environment (Minow 2001). In order to determine whether a child qualifies for special education, students are entitled to assessments to determine the individual needs of the student and what, if any, services and supports are needed "The assessments should cover all areas related to the suspected disability, including cognitive, social/emotional, psychomotor, self-help, speech and language, and vocational needs and abilities" ("The IEP Cycle," DREF, 2007). Students with a possible disability are guaranteed under IDEA access to placement and assessment procedures used to identify students with disabilities that are not discriminatory and do not disproportionately identify minority students as being affected by disabilities (Minow, 2001).

IDEA also mandates that particular procedures be followed in the development of the IEP, or the Individualized Education Plan that every student is entitled to, under law. "The IEP is a written document that describes any accommodations, modifications, or related services a student needs in order to receive an appropriate education. It also lists goals and objectives, which are used to measure a student's progress and determine whether the program and placement are appropriate" ("The IEP Cycle," DREF, 2007). Each student's IEP must be developed by a team of people who are knowledgeable and concerned about the student and must be at least reviewed annually. The team may include the child's teacher, the parents, the child, and agency representatives. "If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state" ("Guide to Disability Rights Laws," U.S. Dept. Of Justice, 2005).