Eligibility as a disabled child under IDEA is determined following a full and complete evaluation. Under IDEA FAPE includes an IEP based on the child's individual needs, developed by a multidisciplinary team, with parent participation. Once the educational plan is developed, the multidisciplinary team determines the placement for implementation of the plan, from a continuum of alternative placements, in the least restrictive environment. The same is true under Section 504. Without the evaluation, disabled children cannot benefit from these laws designed to protect them.
Evaluation is the crucial first step for accessing the special education system.
This is not the case. The lecture accompanying these materials will review the Old Law, the New Law and issues which we as family lawyers should be familiar with to assist our clients.