what is article 7 special education

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Section 4: Rights and Regulations

57 General Overview of ADA, Section 504, IDEIA, and Article 7

The Individuals with Disabilities Education Improvement Act (commonly referred to as IDEA ’04) -enacted in 1975 and recently reauthorized in 2004 – mandated that each state provide all eligible children with a free and appropriate public education that meets his or her unique individual needs.  IDEA serves eligible students from the ages of 3 through 21. The law was amended for improvements through the Every Student Succeeds Act (ESSA) in December 2015.

Article 7 is Indiana’s state-level interpretation of IDEIA. The state must minimally meet national guidelines but can go over federal requirements if choosing to do so (e.g., federal requirement for transition planning is 16 years of age; 14 years of age in Indiana).

Americans with Disabilities Act (ADA)

The ADA ensures that an individual with a disability is not discriminated on the basis of the disability in five title areas: Employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.

In order to be protected by the ADA, a person must have a disability or have an association with an individual with a disability. An individual with a disability is defined by the ADA as “a person who has a physical or mental impairment that substantially limits one or more major life activities; a person who has a history or record of such an impairment; or a person who is perceived by others as having such an impairment”. The ADA does not specifically name all of the impairments that are covered.

Section 504 is similar to ADA in that it prohibits discrimination on the basis of a disability. This covers qualified students with disabilities who attend schools receiving federal financial assistance. All public and private schools that receive federal funds are required to comply with Section 504.

The Americans with Disabilities Act of 1990 (ADA), Individuals with Disabilities Education Improvement Act of 2004 (IDEIA), and Section 504 of the Rehabilitation Act of 1973 represent three attempts to provide assistance, improve access, and prohibit discrimination for those with acute or chronic disabilities. The diagram reflects the level of protection and service available to children under these acts while the following chart represents highlights of these acts:

Levels of Protection & Support

• Indiana Department of Education. Laws and Resources https://www.doe.in.gov/specialed/laws-and-resources
• Indiana Disability Rights https://www.in.gov/idr/
• Job Accommodation Network: ADA Library https://askjan.org/ADA-Library.cfm
• Office of Civil Rights. Protecting Students with Disabilities https://www2.ed.gov/about/offices/list/ocr/504faq.html
• U.S. Equal Opportunity Employment Commission. Notice Concerning the Americans with Disabilities Act (ADA) Amendments Act of 2008. https://www.eeoc.gov/statutes/notice-concerning-americans-disabilities-act-ada-amendments-act-2008
• U.S. Department of Education. Americans with Disabilities Act (ADA). https://www2.ed.gov/about/offices/list/ocr/docs/hq9805.html
• U.S Department of Justice (2005). A Guide to Disability Rights Law. https://www.ada.gov/cguide.htm

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Article 7 - SPECIAL EDUCATION

• State Regulations
• Rule 511 IAC 7-1 - General Provisions (Repealed)
• Rule 511 IAC 7-2 - Placement in Private Special Schools (Repealed)
• Rule 511 IAC 7-3 - Definitions (Repealed)
• Rule 511 IAC 7-4 - General Provisions (Repealed)
• Rule 511 IAC 7-5 - Program Planning and Evaluation (Repealed)
• Rule 511 IAC 7-6 - General Administration of Programs (Repealed)
• Rule 511 IAC 7-7 - Prior Notice (Repealed)
• Rule 511 IAC 7-8 - Confidentiality of Information (Repealed)
• Rule 511 IAC 7-9 - Educational Surrogate Parents (Repealed)
• Rule 511 IAC 7-10 - Identification and Evaluation (Repealed)
• Rule 511 IAC 7-11 - Eligibility Criteria (Repealed)
• Rule 511 IAC 7-12 - Educational Placement (Repealed)
• Rule 511 IAC 7-13 - Program and Service Information (Repealed)
• Rule 511 IAC 7-14 - Special Education Placement Options and Caseloads (Repealed)
• Rule 511 IAC 7-15 - Due Process Procedures (Repealed)
• Rule 511 IAC 7-16 - Child Count (Repealed)
• Rule 511 IAC 7-17 - Definitions (Repealed)
• Rule 511 IAC 7-18 - General Provisions (Repealed)
• Rule 511 IAC 7-19 - Private Schools or Facilities (Repealed)
• Rule 511 IAC 7-20 - Program Planning and Evaluation (Repealed)
• Rule 511 IAC 7-21 - General Administration of Programs (Repealed)
• Rule 511 IAC 7-22 - Procedural Safeguards (Repealed)
• Rule 511 IAC 7-23 - Confidentiality of Information (Repealed)
• Rule 511 IAC 7-24 - Educational Surrogate Parents (Repealed)
• Rule 511 IAC 7-25 - Identification and Evaluation (Repealed)
• Rule 511 IAC 7-26 - Eligibility Criteria (Repealed)
• Rule 511 IAC 7-27 - Determination of Special Education Services (Repealed)
• Rule 511 IAC 7-28 - Related Services; Transitions; Transfer of Rights (Repealed)
• Rule 511 IAC 7-29 - Discipline Procedures (Repealed)
• Rule 511 IAC 7-30 - Due Process Procedures (Repealed)
• Rule 511 IAC 7-31 - Child Count and Data Collection (Repealed)
• Rule 511 IAC 7-32 - Definitions (§ 511 IAC 7-32-1 to 511 IAC 7-32-106)
• Rule 511 IAC 7-33 - General Provisions (§ 511 IAC 7-33-1 to 511 IAC 7-33-4)
• Rule 511 IAC 7-34 - Nonpublic Schools (§ 511 IAC 7-34-1 to 511 IAC 7-34-10)
• Rule 511 IAC 7-35 - Program Planning and Evaluation (§ 511 IAC 7-35-1 to 511 IAC 7-35-2)
• Rule 511 IAC 7-36 - General Administration of Programs (§ 511 IAC 7-36-1 to 511 IAC 7-36-11)
• Rule 511 IAC 7-37 - Procedural Safeguards (§ 511 IAC 7-37-1 to 511 IAC 7-37-2)
• Rule 511 IAC 7-38 - Confidentiality of Information (§ 511 IAC 7-38-1 to 511 IAC 7-38-3)
• Rule 511 IAC 7-39 - Educational Surrogate Parents (§ 511 IAC 7-39-1 to 511 IAC 7-39-2)
• Rule 511 IAC 7-40 - Identification and Evaluation (§ 511 IAC 7-40-1 to 511 IAC 7-40-9)
• Rule 511 IAC 7-41 - Eligibility Criteria (§ 511 IAC 7-41-1 to 511 IAC 7-41-13)
• Rule 511 IAC 7-42 - Determination of Special Education Services (§ 511 IAC 7-42-1 to 511 IAC 7-42-16)
• Rule 511 IAC 7-43 - Related Services; Transitions; Transfer of Rights (§ 511 IAC 7-43-1 to 511 IAC 7-43-7)
• Rule 511 IAC 7-44 - Discipline Procedures (§ 511 IAC 7-44-1 to 511 IAC 7-44-10)
• Rule 511 IAC 7-45 - Complaints, Mediation, and Due Process Procedures (§ 511 IAC 7-45-0.5 to 511 IAC 7-45-11)
• Rule 511 IAC 7-46 - Child Count and Data Collection (§ 511 IAC 7-46-1 to 511 IAC 7-46-4)
• Rule 511 IAC 7-47 - State Funding of Excess Costs (§ 511 IAC 7-47-1 to 511 IAC 7-47-2)
• Rule 511 IAC 7-48 - Minimum Expenditure Requirements (§ 511 IAC 7-48-1 to 511 IAC 7-48-3)
• Rule 511 IAC 7-49 - Provision of Special Education and Related Services by Choice Schools (§ 511 IAC 7-49-1 to 511 IAC 7-49-11)
• Rule 511 IAC 7-50 - Indiana Education Scholarship Account Education Service Plan (§ 511 IAC 7-50-1 to 511 IAC 7-50-5)

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

INformation Network

Educational Support Services

On this page, you can explore the following topics (click on the topic of interest):

Introduction

What is an iep, what are ada, 504, idea/ideia, and article 7, what is the difference between a medical diagnosis of asd and an educational classification, what is an extended school year (esy), what is a case conference committee (ccc), what supports are available to individuals after high school, available resources.

Within the school setting, students with ASD may be eligible for a number of support services based on their unique needs. Certain federal legislation, such as the  Americans with Disabilities Act (ADA) ,  Section 504 of the Rehabilitation Act of 1973 (Section 504) , and the  Individuals with Disabilities Education Improvement Act (IDEIA)  mandate various supports for all students with disabilities, and Indiana-specific regulations ( Article 7 ) allow for further protections for Hoosier students. The information below outlines various educational support services available to students with ASD in Indiana.

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An individualized education plan, or IEP, is a written educational plan for a student that outlines specific academic and functional (e.g., communication, social, leisure, self-regulation, etc.) goals and objectives to be achieved, identifies specific special education services that the school will provide for the student. The IEP is developed by key school staff members (a student’s teachers, therapists, or other support staff) and the student’s parents and is reviewed at least once a year (or as needed) by a multidisciplinary case conference committee (CCC) to determine what progress has been made and/or if any changes are needed.

There are a number of federal and state laws that regulate the provision of educational services to individuals with disabilities, including ASD. The primary regulations include:

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act, or ADA, is legislation passed in 1990 that prohibits the discrimination of individuals with disabilities on the basis of disability in relation to employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. ADA covers all individuals with disabilities, including students. For full text of the law, visit https://www.ada.gov/ada_intro.htm .

Section 504 of the Rehabilitation Act of 1973 (Section 504)

Commonly referred to simply as “504,” Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against an individual with disabilities on the basis of disability. The legislation covers individuals who receive services from federally funded programs and institutions, such as schools and government agencies. Individuals who may not qualify for an IEP may qualify for rights and services under Section 504 and have a 504 Plan. Section 504 covers all students with disabilities, including those with ASD. For the full text of the section, visit  https://www.dol.gov/oasam/regs/statutes/sec504.htm .

Individuals with Disabilities Education Improvement Act (IDEA or IDEIA)

The Individuals with Disabilities Education Improvement Act (commonly referred to as IDEA or IDEIA) is federal legislation overseeing special education for students with disabilities, which requires states to develop and offer multidisciplinary service to eligible children from birth to age 21. IDEIA guarantees free and appropriate public education (FAPE) that emphasizes special education and related services to all students with a disability, including ASD.

Indiana Special Education Rules, Article 7 (Article 7)

Section 11, Article 7 of the Indiana Administrative Code (which contains the State’s Special Education rules), commonly referred to simply as “Article 7,” is a state-level regulation protecting students in federally funded schools from discrimination on the basis of a disability.  Article 7 outlines the state’s interpretation for the implementation of federal IDEIA requirements at the state level and describes how special education and related services should be provided by Indiana’s local public educational agencies. Article 7 covers all Indiana students with disabilities. The most recent version, updated in 2014, is available at  http://www.doe.in.gov/specialed/laws-rules-and-interpretation .

Obtaining a medical diagnosis of ASD, as outlined on the Screening & Diagnosis page , is an important step in identifying services that are determined by a provider to be a “medical necessity” for a child with ASD. These services may be covered by certain insurance providers and are related to the overall health of the child.

By contrast, within the school setting, a child may be eligible for special education services under ASD eligibility if the child meets diagnostic criteria for ASD as outlined within the current edition of the DSM-5  and if such symptoms or challenges result in a consistent and negative impact upon the child’s academic achievement and/or functioning performance as specified within the Individuals with Disabilities Education Improvement Act (IDEA) and the  Indiana Department of Education Article 7 . In order to determine special education eligibility, a multidisciplinary team comprised of qualified professionals (including school psychologists, speech-language pathologists, occupational therapists, and special education teachers, among others depending on the student’s unique needs) will conduct an educational evaluation of the student’s academic achievement, functional skills across settings, communication skills, motor and sensory responses, and developmental history. Following and based upon this evaluation, a case conference committee (CCC) comprised of various school professionals and the student’s parents will decide whether the student’s ASD symptoms result in a consistent and significant negative impact on his or her academic achievement or functional performance; if the CCC concludes that the student’s ASD  does  negatively interfere with learning, he or she would be determined to be eligible for special education services within the school setting.

A medical diagnosis of ASD may be used in consideration of eligibility decisions but is not necessary or sufficient to make the educational classification.  As such a medical diagnosis is  not   equivalent to a special education eligibility of ASD and vice versa. For more information about how medical diagnosis and educational determinations differ, refer to this guide by the Indiana Department of Education (IDOE).

An extended school year, or ESY, allows for the provision of educational and related services to a special education student for a specified period of time beyond the regular school calendar. The determination of whether a student may require services as part of an ESY must be included in the student’s IEP.

A case conference committee, or CCC, is a group of individuals (including a student’s parents and key school personnel) who determine whether a student is eligible for special education services. If the CCC concludes that the student is eligible, it develops and continually reviews a student’s IEP to ensure the appropriate services and supports are provided to the student and that progress is being made.

IDEIA contains transition service requirements for students with disabilities, which must be addressed in the first IEP to be in effect when the student turns 16 (this is noted as 14 in Indiana Law), if determined appropriate by the IEP Team. The Rehabilitation Act authorizes a continuum of services, such as pre-employment transition services, transition services, job placement services, other VR services, and supported employment services for students and youth with disabilities, as appropriate, to secure meaningful careers.

• Autism Resource Network of Indiana (ARNI)
• Autism Speaks.com
• Center for Youth and Adults with Conditions of Childhood (CYACC)
• Special Education in Indiana
• Parent Handbook
• Office of Special Education
• Laws, Rules and Interpretations
• Navigating the Course: Finding Your Way through Indiana’s Special Education Rules
• Organization for autism research (OAR) : Navigating the Special Education System
• The Arc of Indiana
• United States Department of Education: Building the Legacy: IDEA 2004
• United States Department of Education: Section 504
• Americans with Disabilities Act: Information and Technical Assistance
• Wrightslaw Special Education Law and Advocacy
• “ A transition guide to postsecondary education and employment for students and youth with disabilities ” by U.S. DOE
• HANDS in Autism®. (2013). Next steps manual, 4th edition . Indianapolis, IN: Trustees of Indiana University.
• Indiana Department of Education: Article 7
• Indiana Department of Education: Laws, Rules and Interpretations
• Indiana Department of Education: Navigating the Course: Finding Your Way through Indiana’s Special Education Rules
• IN*SOURCE: Parent Handbook 

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What is the Individuals with Disabilities Education Act (IDEA)?

By Andrew M.I. Lee, JD

Expert reviewed by Myrna Mandlawitz, MEd, JD

At a glance

IDEA is the nation’s special education law.

Schools must find and evaluate students thought to have disabilities — at no cost to families.

To qualify for IDEA services, a child must have a disability  and  need special education to make progress in school.

To get special education services for a child, you have to follow a legal process. The most important law for this process is the Individuals with Disabilities Education Act (IDEA). 

IDEA is the nation’s special education law. It gives rights and protections to kids with disabilities. It covers them from birth through high school graduation or age 21 (whichever comes first). Parents and legal guardians also have rights under the law. 

IDEA places two big responsibilities on states and their public schools.

First, school districts must provide a free appropriate public education (FAPE) to kids with disabilities. And these kids must learn side by side with peers as much as possible — something called the least restrictive environment , or LRE.

Schools must find and evaluate students who may have disabilities, at no cost to families. This is known as Child Find . If a child has a qualifying disability, schools must offer special education and related services (like speech therapy and counseling) to meet the child’s unique needs. These are provided through an Individualized Education Program (IEP). The goal is to help students make progress in school.

Second, schools have to give parents a voice in their child’s education. At every point in the process, IDEA gives parents specific rights and protections. These are called procedural safeguards . For example, one safeguard is that a school must get consent from parents before providing services to kids.

The reach of IDEA goes beyond traditional public schools. It includes public magnet and charter schools. The law also provides early intervention services to infants and toddlers up to age 3. Finally, IDEA may impact some students in private schools .

Dive deeper

The history and purpose of idea.

IDEA was first passed in 1975. At that time, it was called the Education for All Handicapped Children Act.

Before IDEA, it was common for states to place kids with disabilities in separate schools. Or in separate classrooms away from their peers. Their education was often poor and underfunded. Academic expectations were low. Kids with learning and thinking differences typically didn’t get the help they needed to thrive in school.

Congress passed IDEA to change this. Around the same time, other laws also passed to improve lives of people with disabilities. In 1973, Congress passed Section 504 of the Rehabilitation Act , which barred disability discrimination in programs that get federal funding. Then in 1990, Congress passed the Americans with Disabilities Act , or the ADA, to bar discrimination in other areas of society.

Over the years, Congress has updated these laws several times. IDEA’s last update was in 2004.

See a chart that compares IDEA, Section 504, and the ADA .

Who is eligible for services under IDEA

Not every child is eligible for special education under IDEA, and having a diagnosis doesn’t guarantee eligibility. To qualify, kids must have a disability that falls under one of the 13 categories IDEA covers. They are:

Deaf-blindness

Emotional disturbance

Hearing impairment

Intellectual disability

Multiple disabilities

Orthopedic impairment

Other health impairment (includes ADHD)

Specific learning disability (includes dyslexia, dyscalculia, dysgraphia, and other learning differences)

Speech or language impairment

Traumatic brain injury

Visual impairment, including blindness

However, having one of these disabilities doesn’t automatically qualify a child under IDEA. To be eligible, a student must:

Have a disability  and, as a result of that disability…

Need special education to make progress in school

For example, if a student has ADHD and is doing well in school, the student might not be covered by IDEA. Sometimes schools and parents disagree over whether a child is covered. When that happens, IDEA provides options for resolving the dispute .

In 2018–2019, around 7.1 million students ages 3 to 21 received special education services under IDEA. That’s 14 percent of all public school students. The most common way students qualify is with a specific learning disability. (Source:  National Center for Education Statistics )

Learn more about the 13 categories IDEA covers .

How to get services under IDEA

An evaluation gets the ball rolling under IDEA. Parents can request an evaluation at any time. And if the school thinks a child might have a disability, it must conduct an evaluation.

The evaluation not only determines if a student has a disability. It also sheds light on what services and support that student might need.

Find out how to request an evaluation .

Read about evaluation rights .

After the evaluation, the school will hold an eligibility meeting to decide if the child qualifies for special education. If the answer is yes, a school team will work with parents to develop an IEP . This legal document spells out the child’s education goals, as well as the services and support the school will provide.

If a child is denied services, there are steps parents can take .

Learn about myths surrounding IDEA and special education .

Explore related topics

What New Special Education Teachers Need to Succeed

What’s Key to Retaining Special Education Teachers?

Winning the burnout battle.

Premium Resource

1. Play to Their Strengths

Varied responsibilities mean that special educators spend a lot of time pulled away from working with students, which is their passion..

• Academic content . Some special educators are well ­prepared to support student academic learning in specific areas such as in reading, math, or writing.
• Behavior support . Whether it’s identifying the root cause of a student’s outbursts, conducting a functional behavior assessment, or helping classroom teachers prevent ­problematic behavior before it happens, some staff want to focus on addressing students’ behavioral needs.
• Case management . Some staff thrive on managing the IEP process, from assessment to writing the IEP to scheduling meetings and ensuring full compliance.
• Pedagogical coaching . Some staff are well suited to build the capacity of their general education peers by showing them how to modify instruction, design accommodations, and scaffold content.

2. Streamline Meetings and Paperwork

Identify the most efficient iep writers on staff and ask them to be an “iep paperwork mentor” to support newer team members., 3. ensure access to a special education leader, reflect & discuss.

➛ Special educators: What aspect of your role brings you the most fulfillment, and how can schools better support you in focusing on that strength? ➛ Principals: What’s an immediate step you could take to ensure the special educators at your school are receiving the support they need?

Nate Levenson , a former district superintendent, is president at New Solutions K12 and the co-author of It’s Time for Strategic Scheduling: How to Design Smarter K–12 Schedules That Are Great for Students, Staff, and the Budget (ASCD) .

ASCD is a community dedicated to educators' professional growth and well-being.

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