The Individuals with Disabilities Education Act (IDEA) is a federal law that was originally passed in 1975 and reauthorized in 2004. It ensures that students with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment (LRE). IDEA guarantees special education and related services to eligible children with disabilities from birth through age 21. The law describes how schools must identify, evaluate, and support students who have disabilities that impact their ability to learn in a general education classroom setting (Individuals with Disabilities Education Act, 2004).
IDEA promotes the inclusion of students with disabilities in general education settings whenever appropriate and ensures that families have a voice in their child's education. The law is especially important in early childhood education because it includes specific procedures for early intervention services for infants and toddlers (Part C) and special education for preschool-age children (Part B, Section 619).
Part B of IDEA
Part B of IDEA is the section that addresses the needs of children and youth with disabilities from ages 3 through 21. Part B outlines the services, supports, and educational rights of eligible students, and it sets expectations for schools and educators to ensure that students with disabilities receive meaningful access to the general education curriculum.
Purpose and Scope of Part B
Part B of IDEA is designed to ensure that children with disabilities receive individualized support to meet their unique needs, including providing special education services, related services (such as speech therapy or occupational therapy), and supplementary aids necessary for student success. To qualify under Part B of IDEA, a student must meet the criteria for at least one of the thirteen disability categories in the following list. (2004). The criteria for eligibility are determined by states and in some cases (including Illinois) local school districts.
Disability Categories Under IDEA
- Autism Spectrum Disorder
- Deaf-Blindness
- Deafness
- Emotional Disturbance
- Hearing Impairment
- Intellectual Disability
- Multiple Disabilities
- Orthopedic Impairment
- Other Health Impairment
- Specific Learning Disability
- Speech or Language Impairment
- Traumatic Brain Injury
- Visual Impairment, including Blindness
IDEA ensures that students with disabilities are included in statewide assessments and accountability systems and that schools use evidence-based practices to support instruction and intervention. The law is based on six principles that help ensure educational equity for students with disabilities (Turnbull & Turnbull 1978):
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Zero Reject
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No child can be denied the opportunity for a free and appropriate public education.
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Nondiscriminatory Evaluation
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Assessments used to evaluate a child must be:
· nondiscriminatory
· conducted in the child's primary language when possible
· valid and reliable for their intended purpose, administered by qualified personnel, and used according to the test maker’s instructions
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Free Appropriate Public Education
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Individuals eligible for special education services must receive the support and services written in an Individualized Education Program (IEP) that is tailored to their specific needs, ensures access to the general curriculum, aligns with state grade-level standards, and supports meaningful educational progress.
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Least Restrictive Environment
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Children with disabilities should be educated with their typically developing peers to the greatest extent appropriate. Removal from general education classrooms should only occur when a child’s needs cannot be met with supplementary aids and services.
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Parent Involvement
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Parents have the right to review any records related to their child's identification, evaluation, and placement. Schools are required to notify parents in advance of meetings and ensure their participation, which may occur in person, by phone, or via video. Parental input is especially critical when making placement decisions. If a parent cannot attend, the school must document all efforts made to contact and involve them.
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Procedural Due Process
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Families and schools can resolve disputes through mediation or due process hearings.
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Free Appropriate Public Education (FAPE)
Part B of IDEA requires that eligible students receive specially designed instruction and related services at no cost to their families. A free appropriate public education (FAPE) must be provided according to an Individualized Education Program (IEP) that meets the student's unique needs and helps them make progress in school (Individuals with Disabilities Education Act, 2004).
An Individualized Education Plan (IEP) is a legal document developed for every eligible student under Part B. A child’s IEP team, consisting of educators, families, specialists, and sometimes the student, collaborate to create the document. The IEP outlines the student's current performance levels, measurable goals, accommodations, modifications, related services, and methods for monitoring progress. For young children in preschool, IEPs may focus on developmental areas such as communication, motor skills, and social-emotional growth (Yell and Bateman 2017).
Least Restrictive Environment (LRE)
Part B of IDEA requires that students with disabilities be educated with their nondisabled peers to the greatest extent appropriate. This principle, known as the least restrictive environment (LRE), ensures that removal from the general education classroom only occurs when necessary. Schools must provide supports and services to help students participate in inclusive settings whenever possible (Turnbull et al. 2020; Individuals with Disabilities Education Act, 2004). Specifically in early childhood, there is guidance describing the importance of inclusion of children with disabilities in general education settings (U.S. Department of Education 2024).
Parent Involvement and Rights
IDEA Part B includes a set of procedural safeguards to protect the rights of students and their families (2004). These safeguards ensure parents are informed and involved in decisions about their child’s education. These safeguards ensure parents’ rights to:
- receive prior written notice before the school makes changes to a child’s identification, evaluation, or placement
- give or withhold consent for evaluations and services
- access educational records
- request an independent educational evaluation (IEE) at public expense, and
- use dispute resolution options such as mediation, due process hearings, and filing complaints with the state education agency.
These procedural safeguards reinforce the importance of parent participation and accountability in the special education process and must be provided to parents/guardians of children with disabilities at least once per year.
Responsibilities of Schools and Teachers Under Part B of IDEA
- Identify, locate, and evaluate all children who may have a disability and need special education services. This is known as the "Child Find" mandate. Teachers play a critical role in this process by observing students, tracking progress, and referring children who show signs of developmental delays or learning challenges for further evaluation (Individuals with Disabilities Education Act, 2004).
- Complete comprehensive evaluations of students suspected of having a disability and use multiple sources of information as part of these evaluations. They must also be nondiscriminatory, meaning assessments should be given in the child’s primary language and be culturally and linguistically appropriate.
- Once a child is found eligible under IDEA, they must develop an Individualized Education Program (IEP) within 30 days. The IEP is a collaborative plan created by a team that includes general education teachers, special education teachers, service providers (such as speech therapists), and the child’s parents.
- Implement the IEP with fidelity, making classroom accommodations, providing specialized instruction, and working with related service providers. In early childhood classrooms, this process might mean adapting lesson plans, using visual supports, modifying activities, or offering small-group instruction based on a child’s goals. Failure to implement an IEP as it is written may be considered denying a child a free and appropriate public education (FAPE), a legally protected right for students with disabilities. Denial of FAPE can have legal consequences for the school and/or teacher.
- Provide access to the same general education curriculum as their peers. Teachers must ensure that lessons are accessible and inclusive. For young children, the teacher may use universal design for learning (UDL), integrate play-based learning, and create inclusive classroom environments that support a wide range of developmental abilities (National Association for the Education of Young Children 2022).
- Engage in open and respectful communication with families, share student progress, invite them to IEP meetings, and consider their input when making educational decisions.
- Collect data and regularly monitor students’ progress toward their IEP goals. Progress reports must be shared with families as often as report cards are issued to general education students. If a child is not making adequate progress, the IEP team must reconvene to adjust the plan and ensure the child receives the necessary support.
- Provide related services that are necessary for a child to benefit from their education. This includes services such as speech-language therapy, occupational therapy, physical therapy, counseling, and transportation. Teachers must work closely with service providers to integrate these supports into the classroom in a way that promotes inclusion and helps the child succeed.
Federal Funding and State Responsibilities
Under Part B, states receive federal funding to support the implementation of special education services. These funds help cover the cost of identification and evaluation of children, IEP development, personnel training, and direct services to students with disabilities. In return, states must submit a plan to the U.S. Department of Education that details how they will comply with IDEA requirements (2004). States must ensure that all eligible children with disabilities receive FAPE, maintain data systems for monitoring the students’ progress, and enforce policy compliance at the district level. Local education agencies (LEAs) are also expected to use funds to increase their capability and skills to address the needs of children with disabilities, reduce barriers, and support inclusive practices.
Early childhood programs must complete early childhood outcomes (ECOs) annually as a measure of each child with an IEP’s progress. ECOs must be completed for children upon entry to a program and within six months of a child exiting a program, as well. They must be completed in collaboration with the child’s family. There are three outcomes that programs must report on for each child: positive social-emotional skills, acquisition and use of knowledge and skills, and use of appropriate behaviors to meet needs. More information on ECOs can be found at https://ectacenter.org/eco/pages/childoutcomes.asp.
Part C of IDEA
Part C of IDEA specifically focuses on early intervention services for infants and toddlers with disabilities from birth to age 3. The purpose of Part C is to promote the development of young children, enhance the capacity of families to support their child’s development, and reduce educational costs by minimizing the need for special education later in life (Individuals with Disabilities Education Act 2004; US Department of Education 2017).
Purpose and Scope of Part C
Children who receive help early in life are more likely to achieve developmental milestones and participate in typical home and community activities. Part C of IDEA helps identify and serve infants and toddlers with developmental delays or diagnosed physical or mental conditions that are likely to lead to delays (Yell and Bateman 2017). States receive federal funding to implement early intervention systems, which must meet minimum federal requirements (Individuals with Disabilities Education Act 2004; US Department of Education 2017).
Similar to Part B of IDEA, Part C requires states to also have a comprehensive "Child Find" system to identify infants and toddlers who may be eligible for early intervention services. This system includes public awareness campaigns, referral networks, and collaboration with hospitals, physicians, childcare providers, and other community agencies (U.S. Department of Education 2017). Evaluations must be conducted within 45 days of referral and must assess all areas of development: cognitive, physical, communication, social-emotional, and adaptive.
Once a child is found eligible for services, the early intervention team works with the family to create an Individualized Family Service Plan (IFSP). Unlike the school-aged IEP, the IFSP focuses on the family as the primary context for the child's development. It includes:
- the child’s present developmental levels
- family resources, priorities, and concerns
- specific child and/or family outcomes to be achieved
- early intervention services needed to reach those outcomes
- service delivery settings, typically in the home or other natural environments, and
- names of service coordinators.
The IFSP must be reviewed every six months and evaluated annually with the family’s input (Individuals with Disabilities Education Act 2004).
Part C of IDEA emphasizes delivering services in natural environments—places where children without disabilities typically spend their time, such as the home, park, or childcare center. Services are provided through routine-based interventions and coaching models that empower families to support their child's development in daily life. Because of this, family involvement is essential to the early intervention process. Parents are equal team members, involved in every step, from assessment to service delivery. Early interventionists use a strength-based approach to help families understand their child’s needs and celebrate progress.
As a child approaches their third birthday, the IFSP team must plan for a smooth transition to preschool services under Part B of IDEA or other community-based programs. This transition planning process begins at least 90 days before the child turns three and includes:
- notifying the local education agency (LEA)
- holding a transition conference, and
- developing a transition plan in the IFSP.
These steps ensure that there is no gap in services and that families are prepared to navigate the next steps in their child’s educational journey (Individuals with Disabilities Education Act 2004; Turnbull et al. 2020; US Department of Education 2017).
Provider and Educator Responsibilities Under Part C of IDEA
Early intervention providers include developmental therapists, speech-language pathologists, occupational and physical therapists, and special educators. Their responsibilities include:
- conducting evaluations and assessments
- collaborating with families and other team members to develop the IFSP
- providing services in natural environments
- supporting families in implementing strategies at home, and
- participating in transition planning (US Department of Education 2017).
Providers must also ensure that services are family-centered, culturally sensitive, and developmentally appropriate. They serve as both educators and coaches, helping families build confidence and competence.
