Individuals With Disabilities Education Act- No Harsh Treatment For Them!


The Individual with Disabilities Education Act (IDEA) was originally enacted by Congress, in 1975. It was formulated with the view to provide funds to the state for the children who qualify as disable. With the act being amended from time to time by the Congress, the latest amendment came in 2004, of which the final regulations were published in August 2006.

According to Individual with Disabilities Education Act, in general the definition of a child with a disability is-

“The child with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), grim emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities…. who, by above said reasons, needs special education and related services.”

The Act safeguards the children who are “disable” to get free and appropriate public education similar to the other normal children. The opportunities of apposite education, especially for children aged between 3 to 21 years, are properly accommodated under the Individual with Disabilities Education Act.

According to IDEA, the States and districts authorities should identify, locate, and evaluate all children with disabilities, regardless of the severity of their disability. They must be provided special education facilities, to meet their disability needs. The free and appropriate education facility guarantees relevant gratis preschool, elementary and secondary education and associated services that meet state curriculum and standard requirements at no cost to the parents or the guardians.

According to IDEA, the disciplinary action guidelines for disable child are not identical to those for children without disabilities. The options available to treat misbehavior of disabled children are-

- Suspending the child for a certain time with no educational services.
- To resolve the resulting behavior of the child due to disability or simple misbehavior and then decide the post actions
- In case the disable child is found to have injured himself, he can be placed in an interim alternative educational setting for up to 45 days.