What Is the Individuals With Disabilities Education Act (IDEA)?

The Individuals with Disabilities Education Act (IDEA) requires that students who qualify for special education have an individualized education planning team (IEPT) meeting resulting in a written document outlining an educational program (or IEP) every year. The document is developed by the IEPT. Under the IDEA, an IEPT includes the following individuals:

• The parents of the child.
• At least one of the child’s general education teachers.
• At least one of the child’s special education teachers.
• A school or district representative qualified to provide or supervise specialized programming for students with special needs.
• A person who can determine instructional needs from evaluation results.
• When appropriate, the child with a disability.

The IDEA requires a district to convene a resolution meeting after a parent or guardian files a due process complaint in order to discuss the complaint. Participants must include the parent and pertinent IEPT members who have knowledge of the facts identified in the complaint. This includes a school representative who has decision-making authority on behalf of the school.

The IDEA makes no requirement as to who should attend a mediation session. Generally, participants in mediation should include all those who are necessary to resolve a dispute and implement the agreement. The IDEA does require that a mediation agreement be signed by a parent and a school official who has the authority to bind the school district to the agreement.