Individuals
with Disabilities Education Act (IDEA)
by
Herbert D. Hinkle, Esq. and Ira Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
In March 1999
the United States Department of Education published regulations to
implement changes in the federal Individuals with Disabilities Education
Act (IDEA). Because the regulations are federal law, they apply to
students in both Pennsylvania and New Jersey.
The new regulations
provide a greater role for parents in the educational process. Parents
are now made full-fledged members of the multi-disciplinary team that
makes eligibility determinations, develops the Individualized Educational
Program (IEP), and makes placement decisions. As always, parents have
the right to contest decisions made by the school district by requesting
mediation or a due process hearing.
The new regulations
also change the way evaluations are conducted. The old law required
that a comprehensive reevaluation be conducted at least every three
years in all areas related to the studentās disability. Now, school
districts are allowed to review existing information about a student
in order to determine whether additional evaluations are necessary.
Parents have a right to independent evaluations if they disagree with
the school districtās evaluation, however, and this right applies
to decisions not to conduct additional evaluations.
Another important
change in the law relates to so-called "unilateral" private
school placements. Parents who remove their children from inappropriate
public school programs and place them into private schools may be
reimbursed for the costs of the private school, assuming it is appropriate
for the student. However, the new regulations require parents to tell
the school district before placing the student in the private
school (1) that they are rejecting the placement proposed by the district,
(2) the reasons why they believe that the districtās placement is
inappropriate, and (3) that they intend to enroll their child in a
private school at public expense. If the parent does not provide this
information to the school district, reimbursement may be reduced or
denied.
The new regulations
provide additional rights for parents and students, as well as pitfalls
for the unwary. One thing that has not changed, however, is that parents
must always be vigilant in ensuring that their children receive the
appropriate educational services to which they are entitled.
Copyright 1999
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
