{ "id": "R41833", "type": "CRS Report", "typeId": "REPORTS", "number": "R41833", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 604642, "date": "2019-08-29", "retrieved": "2019-09-16T22:16:15.151700", "title": "The Individuals with Disabilities Education Act (IDEA), Part B: Key Statutory and Regulatory Provisions", "summary": "The Individuals with Disabilities Education Act (IDEA) is a statute that authorizes grant programs that support special education and early intervention services for children with disabilities. Under the IDEA, a series of conditions are attached to the receipt of grant funds. These conditions aim to provide certain educational and procedural guarantees for children with disabilities and their families. \nPart B of the IDEA contains two sections\u2014Part B, Section 611 contains provisions relating to special education for school-aged children with disabilities (ages 3 through 21) and Part B, Section 619 addresses the supplemental state grants program for preschool children with disabilities (ages 3 through 5). The grant programs authorized under Part B of the IDEA provide federal funding to states and local educational agencies (LEAs) for the provision of special education and related services to children with disabilities. IDEA requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE) (i.e., specially designed instruction provided at no cost to parents that meets the needs of a child with a disability). IDEA, Part B also outlines and requires the use of procedural safeguards pertaining to the identification, evaluation, and placement of students in special education services that are intended to protect the rights of parents and children with disabilities. These procedures include parental rights to resolve disputes through a mediation process, and present and resolve complaints through a due process complaint procedure and through state complaint procedures.\nIn the 2017-2018 school year, approximately 7 million children ages 3 through 21, approximately 14% of all public school students, received educational services under Part B of the IDEA. To be covered under IDEA, a child with a disability must meet the categorical definition of disability in the act, and the child must require special education and related services as a result of the disability in order to benefit from public education. Once a child meets IDEA\u2019s eligibility criteria, FAPE is implemented through the Individualized Education Program (IEP), which is the plan for providing special education and related services by the local educational agency (LEA). The IEP is developed by an IEP team composed of school personnel and the child\u2019s parents or guardian. IDEA requires that children with disabilities be educated in the least restrictive environment. That is, to the maximum extent appropriate they are to be educated with children who are not disabled. In the fall of 2017, approximately 64% of all school-aged children with disabilities served by IDEA, Part B spent 80% or more of their time in a regular classroom.\nTo implement IDEA, states and other entities (i.e., the District of Columbia, Puerto Rico, the Bureau of Indian Education, the outlying areas, and the freely associated states) receive grants based on a statutory formula. In FY2019, $13.4 billion was appropriated for IDEA, $12.8 billion of which was appropriated to Part B. Most of the federal funds received by states are passed on to LEAs based on a statutory formula. IDEA also contains state and local maintenance of effort (MOE) requirements and supplement, not supplant (SNS) requirements aimed at increasing overall educational spending, rather than substituting federal funds for education spending at the state and local levels.\nOriginally enacted in 1975, IDEA has been the subject of numerous reauthorizations to extend services and rights to children with disabilities. The most recent reauthorization of IDEA was P.L. 108-446, enacted in 2004. Funding for Part B, Assistance for Education of all Children with Disabilities, the largest and most often discussed part of the act, is permanently authorized. Funding for Part C, Infants and Toddlers with Disabilities, and Part D, National Activities, was authorized through FY2011. Funding for the programs continues to be provided through annual appropriations acts.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R41833", "sha1": "7c48c9bebd520a146b8b9f4f54220a07a1cf399f", "filename": "files/20190829_R41833_7c48c9bebd520a146b8b9f4f54220a07a1cf399f.html", "images": { "/products/Getimages/?directory=R/html/R41833_files&id=/0.png": "files/20190829_R41833_images_60d2b9634a7c471f5b629dd35aa3aa1b6a9d243b.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R41833", "sha1": "93da9c16f7893c0204c37090f2af7f6cc5e47fbe", "filename": "files/20190829_R41833_93da9c16f7893c0204c37090f2af7f6cc5e47fbe.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4795, "name": "Disability Benefits" }, { "source": "IBCList", "id": 4810, "name": "Elementary & Secondary Education" }, { "source": "IBCList", "id": 4926, "name": "Students with Disabilities" } ] }, { "source": "EveryCRSReport.com", "id": 584987, "date": "2018-07-30", "retrieved": "2019-04-18T14:00:14.001953", "title": "The Individuals with Disabilities Education Act (IDEA), Part B: Key Statutory and Regulatory Provisions", "summary": "The Individuals with Disabilities Education Act (IDEA) is a statute that authorizes grant programs that support special education services. Under the IDEA, a series of conditions are attached to the receipt of grant funds. These conditions aim to provide certain educational and procedural guarantees for students with disabilities and their families. \nThe grant programs authorized under the IDEA provide federal funding for special education and early intervention services for children with disabilities (birth to 21 years old) and require, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE) (i.e., specially designed instruction provided at no cost to parents that meets the needs of a child with a disability) and an accessible early intervention system (a statewide system to provide and coordinate early intervention services for infants and toddlers with disabilities and their families). The IDEA also outlines and requires the use of procedural safeguards pertaining to the identification, evaluation, and placement of students in special education services that are intended to protect the rights of parents and children with disabilities. These procedures include parental rights to resolve disputes through a mediation process, and present and resolve complaints through a due process complaint procedure and through state complaint procedures.\nIn the 2016-2017 school year, 6.8 million children ages 3 through 21, approximately 13% of all public school students, received educational services under Part B of the IDEA. To be covered under IDEA, a child with a disability must meet the categorical definition of disability in the act, and the child must require special education and related services as a result of the disability in order to benefit from public education. Once a child meets IDEA\u2019s eligibility criteria, FAPE is implemented through the Individualized Education Program (IEP), which is the plan for providing special education and related services by the local educational agency (LEA). The IEP is developed by an IEP team composed of school personnel and the child\u2019s parents or guardian. IDEA requires that children with disabilities be educated in the least restrictive environment. That is, to the maximum extent appropriate they are to be educated with children who are not disabled. In the fall of 2016, approximately 63% of all school-aged children with disabilities served by IDEA spent 80% or more of their time in a regular classroom.\nTo implement IDEA, states and other entities (i.e., the District of Columbia, Puerto Rico, the Bureau of Indian Education, the outlying areas, and the freely associated states) receive grants based on a statutory formula. In FY2017, $13.4 billion was appropriated for IDEA. Most of the federal funds received by states are passed on to LEAs based on a statutory formula. IDEA also contains state and local maintenance of effort (MOE) requirements and supplement, not supplant (SNS) requirements aimed at increasing overall educational spending, rather than substituting federal funds for education spending at the state and local levels.\nOriginally enacted in 1975, IDEA has been the subject of numerous reauthorizations to extend services and rights to children with disabilities. The most recent reauthorization of IDEA was P.L. 108-446, enacted in 2004. Funding for Part B, Assistance for Education of all Children with Disabilities, the largest and most often discussed part of the act, is permanently authorized. Funding for Part C, Infants and Toddlers with Disabilities, and Part D, National Activities, was authorized through FY2011. Funding for the programs continues to be provided through annual appropriations acts.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R41833", "sha1": "919289b16964a9ffcb46e78cf5aeeee9027c34c9", "filename": "files/20180730_R41833_919289b16964a9ffcb46e78cf5aeeee9027c34c9.html", "images": { "/products/Getimages/?directory=R/html/R41833_files&id=/0.png": "files/20180730_R41833_images_a3f235759467d22822748501fe6fd324bff66219.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R41833", "sha1": "6d035511b3751779bea58ceb4f134335123ce55e", "filename": "files/20180730_R41833_6d035511b3751779bea58ceb4f134335123ce55e.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4795, "name": "Disability Benefits" }, { "source": "IBCList", "id": 4810, "name": "Elementary & Secondary Education" }, { "source": "IBCList", "id": 4926, "name": "Students with Disabilities" } ] }, { "source": "EveryCRSReport.com", "id": 461935, "date": "2017-06-14", "retrieved": "2018-05-10T13:11:34.253377", "title": "The Individuals with Disabilities Education Act (IDEA), Part B: Key Statutory and Regulatory Provisions", "summary": "The Individuals with Disabilities Education Act (IDEA) is a statute that authorizes grant programs that support special education services. Under the IDEA, a series of conditions are attached to the receipt of grant funds. These conditions aim to provide certain educational and procedural guarantees for students with disabilities and their families. \nThe grant programs authorized under the IDEA provide federal funding for special education and early intervention services for children with disabilities (birth to 21 years old) and require, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE) (i.e., specially designed instruction provided at no cost to parents that meets the needs of a child with a disability) and an accessible early intervention system (a statewide system to provide and coordinate early intervention services for infants and toddlers with disabilities and their families). The IDEA also outlines and requires the use of procedural safeguards pertaining to the identification, evaluation, and placement of students in special education services that are intended to protect the rights of parents and children with disabilities. These procedures include parental rights to resolve disputes through a mediation process, and present and resolve complaints through a due process complaint procedure and through state complaint procedures.\nIn the 2015-2016 school year, 6.8 million children ages 3 through 21 received educational services under Part B of the IDEA. To be covered under IDEA, a child with a disability must meet the categorical definition of disability in the act, and the child must require special education and related services as a result of the disability in order to benefit from public education. Once a child meets IDEA\u2019s eligibility criteria, FAPE is implemented through the Individualized Education Program (IEP), which is the plan for providing special education and related services by the local educational agency (LEA). The IEP is developed by an IEP team composed of school personnel and the child\u2019s parents or guardian. IDEA requires that children with disabilities be educated in the least restrictive environment. That is, to the maximum extent appropriate they are to be educated with children who are not disabled. In the fall of 2015, approximately 63% of all school-aged children with disabilities served by IDEA spent 80% or more of their time in a regular classroom.\nTo implement IDEA, states and other entities (i.e., the District of Columbia, Puerto Rico, the Bureau of Indian Education, the outlying areas, and the freely associated states) receive grants based on a statutory formula. In FY2017, $13.05 billion was appropriated for IDEA. Most of the federal funds received by states are passed on to LEAs based on a statutory formula. IDEA also contains state and local maintenance of effort (MOE) requirements and supplement, not supplant (SNS) requirements aimed at increasing overall educational spending, rather than substituting federal funds for education spending at the state and local levels.\nOriginally enacted in 1975, IDEA has been the subject of numerous reauthorizations to extend services and rights to children with disabilities. The most recent reauthorization of IDEA was P.L. 108-446, enacted in 2004. Funding for Part B, Assistance for Education of all Children with Disabilities, the largest and most often discussed part of the act, is permanently authorized. Funding for Part C, Infants and Toddlers with Disabilities, and Part D, National Activities, was authorized through FY2011. Funding for the programs continues to be authorized through annual appropriations.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41833", "sha1": "0c56fd72c3163f5ac79a2e3b02df04fc878fc9a0", "filename": "files/20170614_R41833_0c56fd72c3163f5ac79a2e3b02df04fc878fc9a0.html", "images": { "/products/Getimages/?directory=R/html/R41833_files&id=/0.png": "files/20170614_R41833_images_b290955aedd1250efb3b67aa74e44ef0f9880add.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41833", "sha1": "3c84fe6356660ec044eae5fa8770b6bd51d0de96", "filename": "files/20170614_R41833_3c84fe6356660ec044eae5fa8770b6bd51d0de96.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4795, "name": "Disability Benefits" }, { "source": "IBCList", "id": 4810, "name": "Elementary & Secondary Education" }, { "source": "IBCList", "id": 4926, "name": "Students with Disabilities" } ] }, { "source": "EveryCRSReport.com", "id": 450739, "date": "2016-03-11", "retrieved": "2016-03-24T16:55:19.395492", "title": "The Individuals with Disabilities Education Act (IDEA), Part B: Key Statutory and Regulatory Provisions", "summary": "The Individuals with Disabilities Education Act (IDEA) is both a grants statute and a civil rights statute. As a grants statute, IDEA provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE) (i.e., specially designed instruction provided at no cost to parents that meets the needs of a child with a disability). In FY2016, $12.9 billion was appropriated for IDEA. In the 2014-2015 school year, 6.7 million children ages 3 through 21 received educational services under Part B of the IDEA.\nAs a civil rights statute, IDEA contains procedural safeguards, which are provisions intended to protect the rights of parents and children with disabilities regarding the provision of FAPE. These procedures include parental rights to resolve disputes through a mediation process, and present and resolve complaints through a due process complaint procedure, and through state complaint procedures. IDEA\u2019s procedural safeguards also address disciplinary issues. In general, a child with a disability is not immune from discipline, but the procedures are not the same as for other children.\nTo be covered under IDEA, a child with a disability must meet the categorical definition of disability in the act, and the child must require special education and related services as a result of the disability in order to benefit from public education. Once a child meets IDEA\u2019s eligibility criteria, FAPE is implemented through the Individualized Education Program (IEP), which is the plan for providing special education and related services by the local educational agency (LEA). The IEP is developed by an IEP team composed of school personnel and the child\u2019s parents or guardian. IDEA requires that children with disabilities be educated in the least restrictive environment. That is, to the maximum extent appropriate they are to be educated with children who are not disabled. In the fall of 2014, over 62% of all children with disabilities served by IDEA spent 80% or more of their time in a regular classroom.\nTo implement IDEA, states and other entities (i.e., the District of Columbia, Puerto Rico, the Bureau of Indian Education, the outlying areas, and the freely associated states) receive grants based on a statutory formula. Most of the federal funds received by states are passed on to LEAs based on a statutory formula. IDEA also contains state and local maintenance of effort (MOE) requirements and supplement, not supplant (SNS) requirements aimed at increasing overall educational spending, rather than substituting federal funds for education spending at the state and local levels.\nOriginally enacted in 1975, IDEA has been the subject of numerous reauthorizations to extend services and rights to children with disabilities. The most recent reauthorization of IDEA was P.L. 108-446, enacted in 2004. Funding for Part B, Assistance for Education of all Children with Disabilities, the largest and most often discussed part of the act, is permanently authorized. Funding for Part C, Infants and Toddlers with Disabilities, and Part D, National Activities, was authorized through FY2011. Funding for the programs continues to be authorized through annual appropriations.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41833", "sha1": "04d7b2cfab8a3227190170355052d360077ba007", "filename": "files/20160311_R41833_04d7b2cfab8a3227190170355052d360077ba007.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41833", "sha1": "2be11403289d64756cd0fabca1da4323393d4293", "filename": "files/20160311_R41833_2be11403289d64756cd0fabca1da4323393d4293.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 2487, "name": "Elementary and Secondary Education" }, { "source": "IBCList", "id": 2912, "name": "Disability Rights and Benefits" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc805081/", "id": "R41833_2015Mar26", "date": "2015-03-26", "retrieved": "2016-03-19T13:57:26", "title": "The Individuals with Disabilities Education Act (IDEA), Part B: Key Statutory and Regulatory Provisions", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20150326_R41833_163e3cfe3067f6a098c2b180e36b6f0d6a818d7a.pdf" }, { "format": "HTML", "filename": "files/20150326_R41833_163e3cfe3067f6a098c2b180e36b6f0d6a818d7a.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc818581/", "id": "R41833_2013Jan07", "date": "2013-01-07", "retrieved": "2016-03-19T13:57:26", "title": "The Individuals with Disabilities Education Act (IDEA), Part B: Key Statutory and Regulatory Provisions", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20130107_R41833_6b7f1d1b9a982673975b2531885c547e6296631a.pdf" } ], "topics": [] } ], "topics": [ "Appropriations", "Education Policy" ] }