"All students with a disability will receive a Free Appropriate Public Education (FAPE)" which will:
·Be provided at public expense, under public supervision and direction with no charge.
·Include appropriate pre-school, elementary, or secondary school education.
·Be provided in conformity with an individualized education program (IEP)
History and Overview
In 1975 the Education for all Handicapped Children Act was passed. This was done in part because of Brown vs. The Board of Education as two of the eight million children with disabilities in the United States were totally excluded from public schools. It was last reauthorized in 1997 and renamed the Individuals with Disabilities Education Act (IDEA). The Federal IDEA Act recognizes thirteen (13) disability categories. New Mexico recognizes a 14th category for gifted children. The following disabilities are eligible under the IDEA Act.
·Autism
·Deaf/blindness
·Deafness
·Emotional disturbance
·Hearing impairment
·Mental retardation
·Multiple disabilities
·Orthopedically impaired
·Other health impaired
·Specific learning disabled
·Speech/language impairment
·Traumatic brain injury
·Visual impairment including blindness
·Gifted (New Mexico)
New Mexico Initiatives
In addition to meeting the condition of one of the disability categories, a student must also demonstrate the need for special education and/or related services for academic success in order to be eligible for special education services. In order to better serve students with special needs in New Mexico, the Public Education Department has chosen four areas of emphasis. These include:
·Focus monitoring
·Positive behavior supports
·Transition
·Least restrictive environment
Southwest Regional Education Center offers technical assistance and various additional resources to member and participating districts to help insure that all students receive a free, appropriate education. Additional information regarding the IDEA Act can be accessed from the IDEA Links page.