Special Education and the Law

Filer Special Programs exists to provide services to students who meet eligibility requirements of the Individuals with Disabilities Act (IDEA). Once a student has qualified for services, an Individualized Education Program (IEP) team determines appropriate goals and accommodations based on each student's individual needs. All students are required to receive a free appropriate public education (FAPE) in his/her least restrictive environment(LRE).


A Federal law ensuring services to children with disabilites. The IDEA governs how states and public agencies provide early intervention, special education and related services to individuals with disabilities. Infants and toddlers with disabilities (birth to two) and their families receive services under IDEA Part C. Children and youth ages three (3) to twenty-one (21) receive special education and related services under IDEA Part B.


A basic IDEA requirement which states that special education and related services are provided at the public expense (free); in conformity with an appropriately developed IEP (appropriate); under public supervision and direction (public); and includes preschool, elementary, and secondary education that meets the education standards, regulations, and administrative policies and procedures issued by the State Department of Education (education).


The IDEA requirement that students with disabilities, including those in public or private institutions or other care facilities, be educated with students who are nondisabled to the maximum extent appropriate.

Child Find

The Filer School District engages in Child Find services throughout the school year. Child Find activities are conducted (1) to create public awareness of special education programs, (2) to advise the public that students who qualify for services have the right to a free appropriate public education and confidentiality protections, and (3) to alert community residents that a process exists for identifying and serving children with disabilites from the age of 3 through the semester in which they turn 21 if they are eligible for Special Education.

Destruction of Records

School districts are required to maintain education records, including eligibility documentation and IEPs, for at least five (5) years after disenrollment from the district to demonstrate fiscal accountability and program compliance with IDEA requirements.


The Filer School District provides Special Education and related services as a Free and Appropriate Public Education, at no cost to parents. The District can seek reimbursement through Medicaid for some Special Education and related services for students who are eligible for Medicaid Benefits. Federal and State laws require that the District receive parental written consent in order to seek Medicaid reimbursement. Parents will be notified of Medicaid services and equipment for which the District will bill Medicaid. Submitting claims for reimbursement of services provided to their child by the District will not impact their ability to access these services for their child outside the school setting. If parents refuse consent, the District is still responsible to provide the Special Education and any related services identified for their child through the Special Education eligibility process and that these services will be provided at no cost to them.