IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.

IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion.

• The right to a "free appropriate public education" at public expense (in some cases, this may include placing a child in a private school);
• The right to an educational placement that is based on an assessment and evaluation of each child's own special needs;
• The right of children with disabilities to receive teaching or instruction that is designed to meet their needs; these needs are to be clearly written and included in an Individualized Education Program (IEP) for each child, with statements about what services the child will receive;
• The right to a full range of educational services that may include related services such as counseling, special transportation, speech/language pathology, or occupational or physical therapy;
• The right of parents (or guardians) to be included in making decisions about their child's educational needs and to approve the educational plans for their child; and
• The right of parents (or guardians) to appeal any decisions made about the identification, evaluation, and placement of the child through a due process procedure.
• Finally, IDEA requires that children with disabilities be educated in the "Least Restrictive Environment" (LRE), that is, in a setting with children who have no disabilities, with special help provided to those who need it.

The Right to a Free, Appropriate, Public Education

The term "Free Appropriate Public Education" or "FAPE" means special education and related services provided at no cost to parents in conjunction with an Individualized Education Program (IEP).   The IEP forms the basis for the entitlement of each student with a disability to an individualized and appropriate education.  

The Right to Early Intervention Services (Children Age 0-5)

Under the IDEA, early intervention services are to be made available to infants and toddlers with disabilities, ages birth through age 3.  These services are called "early intervention services".  To support the IDEA, Congress made funds available to help states and territories plan a comprehensive service system to provide:

• Early intervention services to infants and toddlers (ages birth through 3 years) with disabilities;
• Special education programs and related services to preschoolers (ages 3 through 5 years) who have disabilities.

Services for children 3 years old and up are provided by the state's department of education. However, programs for children under age 3 are provided by different agencies in different states. Sometimes the department of education will handle all these programs; in other states it may be the health department or another agency.  In the state of Washington, the Office of the Superintendent of Public Instruction provides preschool transition services to children age 3 to 5, and the Department of Social and Health Services provides early intervention services to children ages 0 to 3.

Early intervention services must be provided by people who are qualified to work with infants and toddlers who have disabilities or who are at risk of developing disabilities. Any services provided must be written into an Individual Family Service Plan (IFSP) that is reviewed every 6 months.

Although the IDEA does not use the term "Inclusion", but does describe what constitutes the Least Restrictive Environment or LRE.  The "regular classroom", or a class that the student would normally attend if they didn't have a disability, is considered the Least Restrictive Environment (and therefore the most inclusive) for all students.  If the Individualized Educational Plan (IEP) of a student who receives special education and related services can be implemented in a regular classroom (possibly with supplemental supports and services), then that is the Least Restrictive Environment for that student.  If, however, the student has needs defined within their IEP that cannot be met in the regular classroom even with supplemental supports and services, the Least Restrictive Environment may not be the regular classroom.

Placement of your child must be based on the individual students abilities and needs.  The IEP must take into account the educational benefits available to the student with disabilities in a traditional classroom, as well as the social and other skill-related benefits of being able to regularly interact with nondisabled students.  The school districts may not, however, place a student in a more restrictive environment based on: