IDEA: Individuals with Disabilities Education Act.
This is the federal requirement that must be met by the entire state. Every state must make assurances to the Office of Special Education Programs, (OSEP). This is the federal agency that provides every state with special education funding, which is then doled out to every school district in the state.
Both the state department of education and every school district must apply for these funds through a grant process. Once, the assurances from every school district is received and they agree to comply with federal laws, the funds are disbursed. However, that is only after the state applies for the grant to OSEP and have signed the assurances to the federal government for the special education funds.
We are talking about Millions of dollars to each state per year for special education. Therefore, it is true that state law does not Rule, FEDERAL Law Rules. A state cannot create laws, regulations, policies, procedures or practices that are more “restrictive” than federal laws. That would be considered a violation and is punishable in administrative state due process hearings and even Superior, Supreme and Federal Court.
We will post information as it relates to issues you face as a parent of a child with a disability and the federal regulations.
