All school age children in America are entitled to a free appropriate public education (FAPE) in accordance with the Individuals with Disability Education Improvement Act of 2004.   

FINDINGS.—Congress finds the following:

‘‘(1) Disability is a natural part of the human experience and in no way diminishes the right of in

dividuals to participate in or contribute to society. Improving educational results for children with dis-

abilities is an essential element of our national policy of ensuring equality of opportunity, full participa-

tion, independent living, and economic self-sufficiency for individuals with disabilities.

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The purposes requiring the legislation  are stated as follows:

‘‘(d) PURPOSES.—The purposes of this title are—

(1)(A) to ensure that all children with disabilities have available to them a free appropriate public

education that emphasizes special education and related services designed to meet their unique needs

and prepare them for further education, employment, and independent living;

(B) to ensure that the rights of children with disabilities and parents of such children are protected; and

(C) to assist States, localities, educational service agencies, and Federal agencies to provide for

the education of all children with disabilities;

PROPOSED IDEIA 2004 REGULATIONS

The law also ensures that  children with a disability have available to them the programs and services that are necessary to offer the opportunity for a meaningful education and significant learning.

The Act is largely procedural in nature, and thus it is important that boards of education understand what is required in order that each   child with a disability receive  FAPE. It is just as important that parents also fully appreciate their child’s rights.

The district must seek out, identify, and refer children who   potentially have a  disability, consistent with the criteria set out in the law. Thereafter, and if warranted, the child is classified, and an Individualized Education Program (IEP) is developed. The Child Study Team, also referred to as the IEP Team, is the group of individuals who are responsible for the development, review and revision of the student’s IEP. The law specifically enumerates how the parent is involved, and sets forth all procedural rights.

In New Jersey, IDEA is implemented through the New Jersey Administrative Code, 6A:14-1.1 et seq

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