The 1975 Individuals with Disabilities Education Act (IDEA) guarantees a “free and appropriate education” to all American children with disabilities regardless of their physical or mental disability. IDEA’s goal is to prepare children with disabilities for further education, employment and independent living. Before this legislation, more than a million of these children were unable or prohibited from receiving an education. Now, 7.1 million eligible students ages 3–21 with disabilities are covered by IDEA, which has an annual budget of $13.6 billion. Advocates claim that as result of this law many people, rather than being housed in institutions at taxpayer expense, are now enrolled in college and participating in our workforce. However, estimates of the number of American children eligible for coverage under IDEA range from 15 million to three times this number.

Advocates say state and local budget cuts are limiting IDEA’s services to only the most seriously disabled, leaving many millions of needy and qualified children without help. They claim states and local school districts are failing to identify and enroll many eligible students in IDEA. Nor are these administrators forthcoming in giving parents of children with disabilities information on the services that IDEA could provide for their children. Advocates say parents are in the best position to advocate for their child and that they should know their rights, keep records and get written evaluations of their children whenever examined. Advocates say the government needs to be more proactive in their oversight of this program and ensure all students with disabilities receive the assistance they need and fulfil their academic and personal potential.

Recent events reveal that the Department of Education is actively pursuing the elimination, consolidation, and restructuring of offices and programs that administer the Individuals with Disabilities Education Act (IDEA). The administration's stated goals are to reduce federal oversight and give more authority to states, but the proposals have been met with legal challenges and strong opposition from disability rights advocates.


Pending Legislation: H.R.2333 - Protecting Students with Disabilities Act
Sponsor: Rep. John Mannion (NY)
Status: House Committee on Education and Workforce
Chair: Rep. Tim Walberg (MI)