Assistance for Children Under the Individuals with Disabilities Education Act (IDEA)

What Laws Exist to Provide Services to Pre-School Children With a Disability?

The Individuals with Disabilities Education Act (IDEA), a federal law, requires that every state provide early intervention services for children from birth to age 3, and an Individualized Education Program (IEP) for ages 3–5.

The Individuals with Disabilities Education Act ensures that students with disabilities receive a Free Appropriate Public Education tailored to their individual needs. From 1975 to 1990, IDEA was known as the Education for All Handicapped Children Act.

If the preschool is affiliated with a public school, the school is not allowed to informally suspend your child. Informal suspensions include picking up the child early because the teacher asked, shortening the school days, or asking you to have your child attend a new school because "this program is not the best fit." If a preschool affiliated with a public school is doing this, you should refuse to pick up the child until the school provides a formal written notice suspending your child. Behavior patterns often assist schools in determining qualification for specialized services.

How Can My Child Be Evaluated?

(1) Early Intervention Services (Ages 0–3)

Parents can request a free evaluation from the state's early intervention services program to apply for an Individualized Family Service Plan (IFSP). The Department of Health and Human Services' Baby Net program provides these services in SC. Refer a child to Baby Net at 1-866-512-8881 or use the online referral at https://babynet.scdhhs.gov/prebabynet/.

(2) Individualized Education Program (IEP) (Ages 3–5)

IDEA also guarantees that eligible preschoolers, ages 3 to 5, can get an Individualized Education Program (IEP) and special education services through the public school system. Parents can request an evaluation through their school district by sending a written letter to the special education director in the district and the teacher. The child should then be evaluated and a meeting held to determine if the child qualifies for specialized services or an accommodation.

What Assistance Can Be Provided?

If your child has any physical or emotional problems leading to developmental delays, they may benefit from an individualized program such as IFSP or IEP. Services are provided in everyday routines, activities, and places relevant to the life of the family.

Developmental Milestones can be found at www.cdc.gov/act-early/milestones/

What if the Evaluation and Assistance Are Denied?

Either Baby Net or the school district can deny the request for evaluation. SC Legal Services may be able to provide free legal assistance to appeal the denial (assuming our income guidelines are met). SCLS also has standard letters available that parents can use to request an IEP.