IDEA Endures— Advocacy Keeps Protections Strong

The Individuals with Disabilities Education Act (IDEA) is not some old law gathering dust. It is still fully in effect—federal law, legal regulation, and state policy—and it continues to protect our children’s right to a Free Appropriate Public Education (FAPE). Even now, with staff shortages, case backlogs, and changing politics, nothing about IDEA has been repealed.

That means as parents and advocates, it’s OUR responsibility to know what it says, hold our districts accountable, and refuse to let any bit of our children’s educational rights slide.

What IDEA Requires (Still)

• A child with a qualifying disability is entitled to special education and related services, at no cost. U.S. Department of Education: IDEA Laws and Policy

• The Individualized Education Program (IEP) must be developed, reviewed, and revised periodically (at least annually), based on up-to-date evaluation data, to meet a child’s academic, developmental, and functional needs. 34 CFR Part 300 – IDEA Regulations (ecfr.gov)

• The district must consider the strengths of the child, parent input, the most recent evaluations, and the educational effect of disability when writing or updating the IEP. 34 CFR § 300.324 (law.cornell.edu)

What’s Happening in Kentucky

• Kentucky follows IDEA’s mandate. On the state website, the Office of Special Education & Early Learning provides the statute and federal/state regulations that govern how special education must be carried out in every district. KY Department of Education – Special Education

• The Kentucky Administrative Regulations (707 KAR 1:002 through 707 KAR 1:380) echo the requirements of IDEA — defining disability categories, procedural safeguards, IEP requirements, parental rights, review/reevaluation cycles, etc. KY Special Education Regulations (education.ky.gov)

• Parent resources in Kentucky clearly list eligibility categories (Autism, OHI, Emotional-Behavioral Disability, etc.). FMD (Functional Mental Disability) remains one of them, but Kentucky law also lays out strict definitions and evaluation criteria. KY Family & Parent Resources

Recent Issues, Funding & Changes

• While IDEA hasn’t been changed, there have been challenges:

  
  

  • Delays and backlogs in evaluations/services in many districts (due to staffing shortages, pandemic after-effects) mean procedural timelines can be strained.

  • The U.S. Department of Education’s Office of Civil Rights (OCR) and Office of Special Education Programs (OSEP) sometimes issue guidance or investigate when schools fall short in following IDEA. (These are reminders that enforcement matters, and when districts are not keeping up, there are legal avenues.)

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• Kentucky continues to update its special education process resources, guidance documents, and parent-toolboxes so families can know their rights. Kentucky IDEA Special Education Process Document (PDF)

What We Must Do

• Stay informed: Read IDEA, federal regs (34 CFR Part 300), and Kentucky regs.

• Speak up: If your child’s IEP isn’t being followed; if evaluations are delayed; if your child isn’t placed in the least restrictive environment; if services in the IEP aren’t delivered.

• Demand transparency: Ask for all test results, ask what the criteria are for eligibility categories, ask what procedural safeguards exist.

• Use state resources: Parent-guides, KY-SPIN, Kentucky Department of Education special education law pages.

• Document everything: Keep copies of evaluations, IEPs, emails, letters. Binders, notes, photos — these matter in meetings and hearings.

IDEA Regulations & Law — Key References

• IDEA – Laws and Policy (U.S. Department of Education)

• 34 CFR Part 300 – IDEA Federal Regulations (ecfr.gov)

• Kentucky Special Education Regulations – 707 KAR 1:002-1:380

• Kentucky Family & Parent Resources

Final Word

IDEA is still the law. The protections are still there. The rights have not been quietly removed. But laws without action are just words. It’s up to us — parents, advocates, teachers — to make sure the letters of the law are lived out in each classroom, each IEP, every meeting.

You are your child’s first and best expert. You are not alone.