In 1975, the United States adopted legislation that sought to protect the right to education for students with disabilities. This was called the Individuals with Disabilities Act (IDEA). One of the main tenets of the IDEA is that all children in kindergarten to twelfth grade have the right to a free appropriate public education (FAPE). It stipulates that children with disabilities have the legal right to services and accommodations that will not only support their academic success but also help them thrive personally and socially.
While Idaho is known as the “Gem State” and supplies nearly one-third of all potatoes in the U.S., it is also deeply invested in its students' education. As such, Idaho has adopted the IDEA legislation and even expanded on it a bit. Between 2021 and 2022, the number of children with disabilities enrolled in special education services in Idaho between the ages of three and 21 was roughly 36,871.
However, if a public school district does not provide a student with a disability with the special education support they need to succeed in school, the district can be punished. A qualified attorney can help. Call (888) 535-3686 today for help or schedule a consultation online.
What is Special Education?
The term “special education” encompasses the accommodations and services provided to eligible+ students to support their optimal performance in school. These students may exhibit social, mental, emotional, or physical differences or disabilities, requiring their school district to provide specific accommodations or services to improve their access to education.
Relevant Laws
The IDEA states that public school districts must construct policies and procedures to ensure their students with disabilities receive special education services. Within these policies and procedures are the steps to creating an Individualized Education Plan (IEP). IEPs are legal documents that explain the exact issues the student has in school, their goals for the school year, and the particular services and accommodations the student will receive that year. Idaho has expanded on the IDEA's IEP requirements to include transition plans from high school to post-graduate study, employment, and independent living.
Additionally, the Americans with Disabilities Act (ADA) applies to all citizens, not just students, and Section 504 of the Rehabilitation Act of 1973 gives students with disabilities the right to equal access to all portions of their school day. Section 504 differs from an IEP in that Section 504 plans are more informal. Where IEPs must be evaluated, recorded, witnessed, and signed, Section 504 plans do not. IEPs grant students with disabilities services and accommodations, but 504 plans allow a student's environment to be modified. Moreover, the school will have the option to change how they approach teaching your child.
Working with a special education attorney is a great way to determine which plan is best for your child. Special education attorneys have key knowledge of the laws that affect your child. As such, they can negotiate with school districts, advocating for your child more successfully than an attorney with a separate legal interest.
Common Terms
It can be hard to stay present in special education paperwork and proceedings because there are so many acronyms being used. To empower your ability to understand what you are reading and requesting, we have listed the most common terms and their definitions below.
- Reasonable accommodations: services or support that attempt to level the playing field between non-disabled, and disabled, students. Generally, they should not overly burden the school or someone in the school community. They must be effective, but they do not need to be the most expensive or effective option.
- Least restrictive environment (LRE): environments where students with disabilities will be educated. Usually, the LRE is a regular classroom setting with non-disabled peers, though the school district and parent will collaborate on what is in the best interest of the child.
- Free appropriate public education (FAPE): all students have a right to a public education that is appropriate for their particular needs.
Who Qualifies for Special Education in Idaho?
In Idaho, children between the ages of three and twenty-one who have one of the disabilities listed below will qualify for special education services:
- Intellectual disabilities
- Visual impairments, including blindness
- Hearing impairments, including deafness
- Speech or language impairments
- Serious emotional disturbance
- Autism
- Orthopedic impairments
- Health impairments, developmental delays, or specific learning disabilities
- Traumatic brain injuries
Additionally, infants and toddlers under the age of three who have a significant development delay in their cognitive skills, communication skills, self-help or adaptive skills, social and emotional development, or physical development tend to qualify for special education services.
Furthermore, Idaho legislation states that a child will not receive special education services if their disability does not negatively affect their educational performance, if it does not require them to need tailored instruction, or if it does not meet the state's disability criteria. Students with limited English proficiency, or who have not been taught enough reading or math, will also not be eligible for special education services.
Thus, students must undergo several testing and evaluations to determine if they have a qualifying disability. In the Firth School District #59, students with disabilities must complete a ten-step process to receive special education.
- Be identified as a child who might need special education services by either the school's Child Find process or by a referral from a parent or school official.
- Have an evaluation to answer the following questions:
- Does the student have a disability that requires special education services and support?
- What does the student need support with?
- Does the student need special education services to meet those needs?
- Conduct an evaluation meeting to discuss the results.
- Acknowledge that the school must create and implement an IEP within 30 days.
- Schedule the IEP meeting and notify the parents.
- Conduct the IEP meeting with the parents, students (if appropriate), and school officials.
- Implement the written IEP after it is finalized.
- Track the student's progress toward their annual goal and create a report on it throughout the year.
- Review the IEP at least once a year, if not more, to see if it needs to be revised.
- Conduct a reevaluation at least every three years to ensure the student continues to be eligible for services.
Despite this lengthy process, there are times when the school district will fail to offer or schedule an evaluation – which can be incredibly frustrating. If you feel like your child is not getting the services they need to succeed, an attorney will contact the school and negotiate with them on your child's behalf.
What is Child Find?
Idaho, like many other states in the U.S., has adopted the federal Child Find, which requires that states have policies and procedures to identify, locate, and evaluate children they believe might need special education and services. In Idaho, the legislation specifies that this law also extends to:
- Students who are suspected to have long COVID or post-COVID conditions that meet the definition of a disability under the IDEA.
- Children who are experiencing homelessness or are wards of the state.
- Highly mobile and migrant students.
- English learners.
- Parentally placed private school students with disabilities.
- Children with suspected developmental delays.
All local education agencies (LEAs) are responsible for implementing the child find law in their area. Once a referral is made, the school will invite the parents to meet with the teacher, principal, and other school officials to review the information provided and determine if an evaluation is necessary.
In cases where the team determines that an evaluation is unnecessary, the parent can appeal the decision. Initial evaluations and appeals can be exhausting to pursue, especially if you have other children. Working with an attorney will not only ensure your child's right to services is taken seriously but will also remove some of that burden from your shoulders.
Types of Services Offered to Qualifying Students with Disabilities in Idaho
Despite the fact that parents know their children best and have an idea of what services they'd like to request, it can be very overwhelming to come to an agreement with the school district. There are so many options sometimes that you might notice the school district steering you towards something less expensive or invasive than what your child actually needs to succeed in their annual goals. For instance, autistic children might do best in a regular classroom setting when they have a dedicated teaching assistant keeping them on track. The school district might believe the student would do better in a separate classroom, or without a TA chaperone because it costs them more money to hire them. But your child has a right to a FAPE, which means the school is supposed to focus on what is in the student's best interest, not the cost factor of the service requested.
When you have an attorney by your side during these discussions, you can rest assured you will receive the best possible outcome for your child's case.
State Services
In addition to the child find law and special education evaluation and services, Idaho also offers parents and families of children with disabilities other services that will improve their chances of meeting their annual goals. These services include:
- Related services, such as physical therapy, speech therapy, transportation, orientation and mobility services, early identification and assessment of a student's disabilities, occupational therapy, interpreter services, and parent counseling and training.
- Transition plans – from preschool to kindergarten, elementary to middle school, middle school to high school, and high school to college, employment, and independent living.
Specialized Schools
While there are dozens of public school districts in Idaho that must comply with the state's IDEA legislation, there are also a couple of specialized schools that will help children with specific disabilities. These schools include:
- Idaho School for the Deaf & Blind in Gooding.
- Hope Christian Academy in Marsing.
To learn more about the special education services offered in Idaho, reach out to a member of the Lento Law Firm Educational Law Team today. Our experienced special education attorneys understand how important it is to get your child the services and accommodations they need to succeed. You do not have to do this alone, and they can help.
The Right to Special Education
Every student is entitled to receive a free appropriate public education, and this right extends to students with disabilities. To ensure a student with a disability receives a FAPE, though, states must also offer them special education services and necessary accommodations.
Regardless of the type of disability your child may have, there are numerous ways to ensure they receive the necessary support and services for their academic and social success. Unfortunately, many schools fall short of delivering these essential services to students with disabilities. Rather than prioritizing their needs, some schools opt for more “cost-effective” solutions or fail to offer special needs evaluations at all, hoping to cut costs.
Advocating for your child's academic and social success requires a considerable amount of time and dedication. For parents who are employed or lack a support system to assist them in building a case for their child, the process can be both daunting and isolating. There is often a pervasive concern among parents about whether they are taking the correct steps or doing enough. Instead of seeking help from a special education attorney, some parents attempt to navigate these proceedings independently. However, they are much less successful than parents who work with a competent – and competitive – special education attorney.
Lento Law Firm appreciates how exhausting these matters are and just how much work goes into making a case successful. Because of this, they will reach out to the school district on your, and your child's, behalf, advocating for you both every step of them. They have dedicated years of their careers to helping families across the country push for special education services and accommodations for their children. Defend your child's due process rights today by calling (888) 535-3686 or scheduling a consultation online.
