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

The Individuals with Disabilities Education Act (IDEA) provides a wide range of rights to children with disabilities in Virginia. These rights ensure that children with disabilities are provided with a free, appropriate public education in the least restrictive environment. The first right is that all children with disabilities in Virginia are provided with a free and appropriate public education. This means that schools must provide an individualized program that meets the needs of the student, includes necessary accommodations, and follows the school’s curriculum. The second right is that of a least restrictive environment. This means that schools must make every effort to have children with disabilities attend classes with their non-disabled peers. When necessary, accommodations and modifications should be provided to the student in order to ensure their success. The third right is the right to a due process hearing. A parent or guardian may request a hearing if they believe that their child’s needs are not being met by their school in any way. This hearing allows the parent or guardian to have their concerns heard and, if necessary, a decision can be made to modify the educational plan for the child. Finally, IDEA also gives children with disabilities and their parents the right to participate in the decision-making process. This includes ensuring that the IEP (Individualized Education Program) is developed and reviewed by a team of educators, parents, and other involved professionals. Overall, the rights of children with disabilities under the Individuals with Disabilities Education Act (IDEA) are extensive and ensure that students receive a quality education in the least restrictive environment possible.

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