Department of Education 101: What is the Individuals with Disabilities Education Act (IDEA)?

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Written by Jennifer Rainville, Education Policy Attorney at SC Appleseed Legal Justice Center

In today’s blog, Jennifer discusses the history and value of the IDEA, a key law that protects the rights of students with disabilities.

You may have noticed a distinct difference in the way that students with disabilities are educated now versus how they were educated when you were in school. A big part of that has to do with the Individuals with Disabilities Education Act, or IDEA. In this blog we are going to give an overview of major components of IDEA, how it works, and the importance it has for many families.

What is the IDEA?

The Individuals with Disabilities Education Act is a federal law that was established to protect the rights of students with disabilities and ensure they receive appropriate services. The first version of this law was called the Education for All Handicapped Children Act and was passed in 1975. The name of the law was changed in 1990 to IDEA. Before this law was passed, children with disabilities had greatly limited access to education. Some states even had laws that prevented certain students with disabilities from attending school.

The big thing IDEA does is lay out very specific timelines and provisions that states must comply with. It also provides processes by which parents can make complaints about services being provided. South Carolina has passed regulations that detail the provisions for IDEA as well as complaint procedures.

What are some of the major programs within the IDEA?

There are several parts to the IDEA. Today we are highlighting two of the most significant subsections: Part B and Part C.

Part C is a program for infants and toddlers with developmental delays or who have conditions associated with developmental delays. In South Carolina this program is called BabyNet. BabyNet provides services from birth to age 2. These services are free. There is extensive research that shows that many developmental delays can be resolved with the right interventions and services. Also, the earlier services are provided the less expensive they tend to be while still having a dramatic impact. You can apply for BabyNet services here.

Children who are receiving services under Part C can transition to Part B at age 3. The process for transition should start between 27 and 33 months old. Even if a child is not receiving BabyNet services but has a disability they are eligible for IDEA part B on their 3rd birthday. IDEA Part B covers children from age 3 until their 21st birthday or they graduate high school, whichever happens first.   

IDEA for school-aged children is designed to provide special education instruction with related services designed to meet a student’s individual needs in the least restrictive environment. Students who qualify must receive a free and appropriate public education (FAPE), equal educational opportunities, full participation in academic, non-academic and extracurricular activities with the goal of preparing students for independent living and economic self-sufficiency. There is a significant amount of research and data that supports the idea that students with disabilities benefit from being educated with their non-disabled peers and vice versa.


Did you know?
If a school district does not offer a service that a student needs for FAPE, they must figure out a way to provide it. Federal Law does not provide exceptions for being short staffed or the cost of services. Districts are obligated to provide the services that students need to receive FAPE. School districts do receive additional federal funding for students with a disability, but the reality is that the federal government has never fully funded IDEA. When IDEA was passed the promise was that it would provide funding for 40% of special education costs of students. The reality is that it only covers approximately 14.7%


In an ideal world, students served under IDEA receive special protections and arguably are entitled to a higher standard of education than a general education student due to their greater needs. In reality, many parents struggle to get the right services in place and districts may struggle to staff special education positions. But when a student gets the services that they need, the entire trajectory of their life can change.


John’s Story


The Importance of Protecting the IDEA

Students with disabilities should not be held back because of a label or the need for specialized instruction or services. Students who happen to have disabilities can accomplish amazing things, just like their peers without disabilities. There are many kids out there like John in the example above who just need a little additional support and specialized instruction to reach their full ability. IDEA is essential at protecting students and we should not be giving up on students just because they may learn differently than a peer.

While the state department of education has oversight on IDEA, the federal government also has oversight on the states to make sure that they are providing what is required under law. Project 2025 calls for turning IDEA protections over to the state only. In some states that are excelling at providing educational services to students, this might end up working out okay. In South Carolina, however, where so many of our districts struggle to meet the bare minimum requirements as-is, it will likely have catastrophic long-term effects.

This feature discusses just a few components of the broader IDEA. Please reach out if you have specific questions or want more information on IDEA.

Further reading:
What is Title 1?
The Problem with Funding Private Schools with Public Dollars