Disability is something a lot of people learn to live with. However a lot many are unable to take proper education with a disability. There are a substantial number of ailments, diseases, problems and in general, several different disabilities which make a person quiet handicapped, preventing him or her from taking education as normal student.
Learning disability, mental and even physical disability needs to be addressed with sufficient measures as it can potentially be substantially harmful for the person, especially preventing him/her from learning properly. The chief motive of this act is to remove the barriers of disability that hinder the children from enjoying the joy of learning.
Now the following provisions have been explained in a kind of summarized manner, and leads and procedures with regards to this law have been included in appropriate places.
The provisions of the act start with the definition of student who qualifies to benefit from protection and services as under this act. The jurisdiction of the act extends to almost all the schools and educational institutes, and to any student who is in between the ages 3-21.
An interpretation of the act states that any student whose disability prevents him/her from taking education in a proper manner or a person who needs additional, different, specialized services or any sort of help to do so, qualifies to receive benefits under the provisions of the act.
Now of course, the disability would include, physical disability such as hearing ailments, psychological disability such as autism and learning disabilities such as dyslexia.
1. Individualized Education Program
The basic and also probably the best provision of the act is the Individualized Education Program (IEP). As per the act, public schools are to design an independent Individualized Education Program, which is to be implemented in the Least Restrictive Environment for the benefit of the child.
The program in itself is unique and is written down so as to provide qualifying children/students with the services that they would need to overcome hindrances while learning. The program is detailed and it consists of a substantial number of provisions, services and learning aids and in short, all possible help that the student would need to learn.
In order to design and oversee the proper execution of the entire program, an IEP team is put together upon the detection of the disability in a student.
This team consists of several people who include, the parents of the student, teachers, school counselors and psychologists, administrator or a representative of the CSE (Committee of Special Education) and any other person or expert who would be able to help the student.
The act provides a detailed definition of the term services, it would conventionally include anything such as help, therapy, counseling, technological aid and health services.
2. Free Appropriate Public Education
Proving to be a highly useful provision of the act, the Free Appropriate Public Education is chiefly a right of a qualifying student, which is granted by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).
This right and empowerment has ensured that the qualifying student not only gets the IEP, but the services, help and aids as specified in the IEP. As per the act, the right also extends to the point that a student or parents can ensure whether the said program is proving to be beneficial for the student.
3. Imposition of Discipline and Rules and Regulations
A school or educational institution functions in accordance with some discipline to ensure successful educational procedural. The act instructs public schools and educational institutes to dispense discipline and impose rules to ensure the disability is served within it. Thus, no disable child falls victim to rules which may intrude upon his/her disability.
4. Find Child
The Child Find is a part of the program where in the public schools of the districts maintain records of the all children and students qualifying for the provisions of the program.
There are of course a lot of different administrative, appeal and appellate provisions as under the program. However it must noted that any child who depicts any sort qualifying disability, becomes a protected and qualified beneficiary as under the act.
The parents also have a lot of rights under the Individuals with Disabilities Education Act, in accordance of which they can demand services and benefits and also act within their capacity and rights as parents, which may also include the power to veto certain changes or procedures.