1. They must have a disability as defined by the federal Individuals with Disabilities Education Act (IDEA), and
2. That disability must interfere with the student's ability to learn normally.

For example:

Kelly is a second grader of normal intelligence with a hearing impairment. She wears hearing aids which allow her to hear normally. Kelly does not qualify for special education services because, though she has a disability, it does not interfere with her ability to learn normally.

Bryan is also a second grader of normal intelligence who has been completely deaf since birth. He qualifies for special education because he has a disability and that disability interferes with his ability to learn in a regular classroom setting.

The IDEA act states that two of its primary goals are:

"(a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living;

(b) To ensure that the rights of children with disabilities and their parents are protected;"

The concept that every child is entitled to a free, appropriate public education (FAPE) is central to the IDEA legislation. IDEA states that FAPE means special education and related services that-

"(a) Are provided at public expense, under public supervision and direction, and without charge;
(b) Meet the standards of the State Education Agency, including the requirements of this part;
(c) Include preschool, elementary school, or secondary school education in the State; and
(d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of §§300.340-300.350."

Schools must make special education services available to students beginning from the time they enter school and through the time they either graduate or reach the age of majority as defined by the state in which they live. Some states require school districts to provide special education services for children beginning at age 3. IDEA takes significant steps to protect the rights of special education students and their families.

The federal IDEA act defines the disabilities, services, and conditions under which schools must provide special education services. IDEA gives parents and students the right to significant participation in developing special education programs, and it also provides several levels of adjudication to resolve disputes between schools and families regarding provision of special education services.

Since special education services are, by definition, individualized, it is important that all professionals involved in the education of a special education student have a working familiarity with the special education process. Unlike many other elements of education, special education is an area in which errors, omissions, and inconsistencies can be difficult, time-consuming, and expensive to correct.

E-Ready is funded by a grant from the NEC Foundation of America

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