Individuals with Disabilities Education Act (IDEA) (1990, amended 2004)

1) Link to the Text of the Act
Read the statute (20 U.S.C. § 1400 et seq.)

2) Why It Was Done
Congress enacted IDEA to ensure children with disabilities have the right to a free appropriate public education (FAPE) tailored to their needs, with access to special education and related services.

3) Pre-existing Law or Constitutional Rights
IDEA replaced the Education for All Handicapped Children Act of 1975. Court rulings like PARC v. Pennsylvania (1971) and Mills v. Board of Education (1972) had already established constitutional rights to equal educational opportunities for children with disabilities.

4) Overreach or Proper Role?
Supporters see IDEA as landmark civil rights legislation for students with disabilities. Critics, especially local school districts, argue it imposes significant administrative and financial burdens.

5) Who or What It Controls

• Public schools and local education agencies (LEAs)
• State education agencies (SEAs) (must comply to receive federal funding)
• Parents and students (gain enforceable rights through Individualized Education Programs, IEPs)

6) Key Sections / Citations

• 20 U.S.C. § 1400 (findings and purpose)
• 20 U.S.C. § 1412 (state eligibility requirements)
• 20 U.S.C. § 1414 (evaluations, eligibility, IEPs)
• 20 U.S.C. § 1415 (procedural safeguards and due process rights)

7) Recent Changes or Live Controversies

• Ongoing disputes over funding adequacy and state compliance
• Litigation continues around inclusion, discipline, and transition services for older students
• Calls for modernization to address remote learning and evolving disability definitions

8) Official Sources

• U.S. Code – Title 20, Chapter 33
• U.S. Department of Education – IDEA

• Education
• Civil Rights
• Special Education
• Children
• States