A "child with a disability" is a child who: (1) has a disability as defined by the IDEA (i.e. intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities); and (2) by reason of the disability, needs special education and related services.

The only students who are "eligible" under the IDEA are those who both have a disability and, due to that disability, cannot access the general curriculum. Students who have a disability but who can, with or without accommodation, access the general curriculum, are NOT eligible for special education (i.e. SDIs and an IEP) under the IDEA.

A child who is found to have a disability but whose disability does not interfere with their ability to access education is NOT eligible for specially designed instruction or an IEP. If the child is able to access education with a reasonable accommodation of his/her disability, he or she is eligible for a Section 504 Plan to ensure the accommodation is provided.

For example, a student with a hearing deficit might be provided with closed captioning or a sign language translator to enable her to access the general curriculum, but no changes would be made to what the general education teacher is already providing. Similarly, a student with ADHD might need preferential seating to minimize distractions, but that student is not entitled to any changes to the regular program being taught.

A free and appropriate education is guaranteed to every student under the IDEA. It is provided by any publicly-funded educational entity, including public school districts and charter schools.

FREE - At no cost to parents

APPROPRIATE - That confers meaningful educational benefit to the student, taking into account his or her individualized and unique needs

PUBLIC - Funded by the public school system and aligned with public school standards – this typically means in a public school environment but there are exceptions

EDUCATION - Defined broadly to include all aspects of education, including social-emotional, vocational, functional, and life skills

An LEA is the administrative agency in charge of a publicly funded school entity. In other words, the LEA is the school board and administration of a public school district or the administrative leaders of a publicly funded charter school. At an IEP meeting, the LEA is represented by a school administrator, most likely the Director of Student Services or someone who works directly with the Director. The LEA is responsible for funding and oversight of special education programs.

Schools are required to provide special education in the "Least Restrictive Environment," or "LRE." This reflects a strong preference in the law for mainstreaming, or educating students with disabilities along with their non-disabled peers. Schools must attempt to meet students needs through services and aide provided in the general education classroom before considering pull-out (or "more restrictive") services.

In general, the continuum of least restrictive to most restrictive environments are:

Least restrictive General Education Classroom

Special Education Classroom

Special School (i.e. private school specializing in addressing the student's individualized needs)

Residental Facility or Hospital

Most restrictive Homebound Instruction

An IEP is the written document that describes the special education program being provided to a student who has been found to be eligible for special education under the IDEA that will allow him/her to access their education. The IEP document includes:

1. Present levels - the student's capabilities and accomplishments at the time the IEP is written

2. Annual goals - the objective goals the IEP is designed to help the student achieve

3. Progress data - data demonstrating progress the student has made towards his/her goals since the IEP was implemented

4. Service & Aids - any services (i.e. PT, OT, etc.) or aids that will be provided to the student.

5. Level of support - the percentage of the day the student will spend in special education versus general education

6. Transition services - any services being provided to a student 14 years old or older to help them transition out of the educational system

7. Specially designed instruction ("SDIs") - adjustments to the general curriculum that will be provided to the student that are required for the student to access their education

8. Accommodations - tools that are provided to the student to allow him/her to access the general curriculum

9. Duration - how long the IEP will last. This is typically one calendar year.

See a discussion of IEPs here.

See an annotated version of a sample IEP here.

A 504 Service Plan is a document that is provided to students who have been identified as a student with a disability that is ineligible for special education. That means that the student, with accommodations, can access his or her general education curriculum. The accommodations that are provided through a 504 Service Plan are implemented by the classroom teacher and do not require any adjustment of the existing classroom curriculum.

See an explanation of 504 Service Plans here.