The Individuals with Disabilities Education Act (IDEA) is a federal law that entitles children to special education services if disability significantly impacts access to education and a specially designed program is needed. Under IDEA, schools are required to provide special education services to students through their Individual Education Plans (IEPs). Additionally, IDEA requires schools to guarantee each student a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). Disability, according to IDEA, means that a child has one of 13 qualifying disabilities and that it impacts their ability to progress in school, and requires specialized instruction or services in school. The 13 disability categories that kids can be eligible under are:  

• Autism
• Speech/language impairment
• Specific learning disability
• Orthopedic impairment
• Other health impairment
• Multiple disabilities
• Intellectual disability
• Visual impairment, including blindness
• Emotional disability
• Hearing impairment, including deafness
• Deaf-blindness (both)
• Traumatic brain injury
• Developmental delay

FAPE is required under the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act but the details of each are different. In accordance with the IDEA, FAPE is provided when individualized services enable a student with a disability to make progress that is appropriate, in light of their circumstances. Under Section 504, an appropriate education means an education that is comparable to the education provided to students without disabilities.

To the maximum extent appropriate, IDEA requires FAPE to be provided in the Least Restrictive Environment (LRE)—an inclusive classroom environment in which a special needs student can achieve the most academic success. This creates a responsibility for schools to serve students in the general education environment, with appropriately inclusive access to grade-level learning, whenever possible.

In Florida, children with disabilities who need specially designed instruction and related services are called exceptional students. The special help they are given at school is called exceptional student education (ESE). The purpose of ESE is to help each child with a disability progress in school and prepare for life after school.

Section 504 of the Rehabilitation Act of 1973 provides that qualified individuals with a disability will not be excused from any public organization, including schools. All students with disabilities are protected from discrimination under Section 504 of the Rehabilitation Act. But that does not automatically mean they qualify for IEPs. It defines disability as “a mental or physical impairment that substantially limits one or more major life activities.” Therefore, students whose disabilities do not adversely impact their school performance to a degree where they need specially designed instruction are covered under 504 plans as opposed to IEPs.