What are the rights of children with disabilities under the Individuals with Disabilities Education Act (IDEA)?

In North Carolina, the rights of children with disabilities under the Individuals with Disabilities Education Act (IDEA) are protected. All children with disabilities are guaranteed a free and appropriate public education in a setting that is appropriate for their individual needs. IDEA provides children with disabilities the right to a Individual Education Program (IEP) that is tailored to their unique needs. This IEP should include measurable goals, how those goals will be met, and the services and supports needed to meet those goals. The IEP should also include other necessary information, such as how the child’s progress towards those goals will be measured. IDEA also requires that children with disabilities receive the same access to enrichment activities, such as the arts, extra-curricular activities, and physical education, that their peers without disabilities are provided. Additionally, they are to receive the same accommodations and modifications necessary for their educational success. Under IDEA, children with disabilities are provided the right to receive instructional materials in the format that best suits their individual needs. They can also receive assistive technology devices and services to help them access their free and appropriate public education. Finally, these students are provided the right to an “appropriate dispute resolution process” which can help resolve any disputes that may arise. In short, IDEA provides children with disabilities in North Carolina the right to access a free and appropriate public education in a setting that is tailored to their individual needs. This includes the right to a tailored IEP, access to enrichment activities, accommodations, modifications, and assistive technology devices and services. It also includes the right to a dispute resolution process.

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