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In 1975, Congress enacted P.L. 94-142, the Education for All Handicapped Children Act, in response to public schools failing to provide appropriate education to children with disabilities. In 1990, the Act was renamed IDEA and thus provided states and local school districts funding for these children. Tied to the funding were substantive regulations set forth by the IDEA. Today all 50 states accept IDEA funds. IDEA requires all states and local school districts to provide a “free and appropriate public education” for all children with disabilities. The United States Department of Education and IDEA statutes have specific requirements for identifying and evaluating “children with disabilities”, defining the components of a “free and appropriate public education”, the process for designing an individual education plan, and the process for challenging the adequacy of that individual educational plan. In addition, Ordover and Boundy (1996) maintain that state departments of education are responsible for “ensuring that local school districts (as well as other public, and in certain instances, private agencies in the state that provide educational services) comply with IDEA” (p. 1). Eligibility for IDEA protections include disabled children with mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities. For purpose of school services, IDEA defines regulations for each condition in detail. Children whose disability(s) fall into these categories come within the guidelines for services and are eligible for the education guaranteed them by law. IDEA is bound by statute to service all children with disabilities. Age ranges for services begin at age 3 through 21. School districts are encouraged to provide services for children ages 3 through 5 and 18 through 21 so as to gradually increase their funding formula.
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