Education For All Handicapped Children Act Essay

The two important court rulings were the Pennsylvania Association for Retarded Children v. The Commonwealth of Pennsylvania in 1971 and Mills vs. The Board of Education of the District of Columbia in 1972 (ERIC Clearinghouse, 1998). These court decisions showed that “the responsibility of States and local school districts to educate individuals with disabilities is derived from the equal protection law of the Fourteenth Amendment of the United States Constitution.”(ERIC Clearinghouse, 1998, n.p.)

Throughout the ages, people with disabilities have been hidden away at homes or institutions and were often not educated. This was common practice and as such, when the education system was designed, children with disabilities were not even considered. Then, starting soon after the civil rights movement in the 50’s, a series of lawsuits was brought against school boards and the federal government took notice. Then the Education for all Handicapped Children Act of 1975 was passed and these children were finally allowed the education they deserved. As time went

The Individuals with Disabilities Education Act (IDEA) greatly emphasizes the participation of the child’s family during the Individualized Education Program (IEP) process. Parents and/or caregivers are considered one of the most essential members of their child’s IEP team. Their involvement benefits their child’s overall academic success. Unfortunately, full parental involvement does not always occur and there can be many different reasons for their nonparticipation. The IEP process can be a very overwhelming experience for families with children with special needs, especially for those who are culturally diverse. It is the job of the professionals and special education teachers to understand the importance of collaborating with family’s

On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act of 2004. This Act is also known as Public Law 108-446. The Individuals with Disabilities Education Act (IDEA) is the law that secures special education services for children with disabilities from the time they are born until they graduate from high school. The law was re-authorized by Congress in 2004. This re-authorization has driven a series of changes in the way special education services are executed. These changes are continuing today and they affect special education and related services across the United States.

When Public Law 94-142 was passed in 1975 it had a positive impact on the education for children with disabilities. Millions of children in the United States were supported by the law. These children had previously been excluded entirely from the education system.

The Individuals with Disabilities Education Act (IDEA) is a federal law that guarantees educational services to eligible students with disabilities. It establishes “people first” language for referring to people with disabilities. IDEA requires states to educate students with disabilities for transition to employment, and to provide transition services. IDEA also provides the students with a free and appropriate education If a student with a disability is expelled from school, IDEA says that he or she must still receive educational services. The Individuals with Disabilities Education Act mandates that all students with disabilities take state and district testing. This law also requires a general education teacher to be a member of the Individualized Educational Plan (IEP) team.

There have also been landmark court cases like Brown v Board of Education and Pennsylvania Association for Retarded Children v. Pennsylvania (PARC) which as a result set the wheels in motion for special education reform. The Education for Handicapped Children Act of 1975 was amended and renamed the Individuals with Disabilities Education ACT (IDEA) in 1990, has had the greatest impact on special education in public schools. When the law was originally passed in 1975 it required all school districts that accepted federal funds to provide disabled students, ages 5-21, equal access to an education in the least restrictive (LRE) setting possible. Schools were to also disperse funds equally among all students and provide free of charge, the necessary

In the early 1970’s parents of students with disabilities went to federal court when their local school districts did not provide services to meet their children’s educational needs. In Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania (1971), a Pennsylvania court ruled that all children, regardless of disability, have a basic right to an education under the Fourteenth Amendment. In Mills v. Board of Education of the District of Columbia (1972), a federal court ruled that the District of Columbia schools could not exclude children with disabilities from the public schools. Cases like this focused public attention on the issue of educating children with disabilities. The social and political pressure then resulted in landmark federal legislation to address the educational rights of these children.

This case was a very significant ruling for special education evident with numerous studies positing that the ruling of this 1982 case was perhaps the most important special education decision by the Supreme Court and to this day, continues to have a profound effect on the education of students with disabilities. Additionally, this was the first time that the Supreme Court had to interpret portions of the Individuals with Disabilities Act (IDEA 1990), which was then the Education for All Handicapped Children Act (EAHCA) as it relates to what constituted a free and appropriate education (FAPE) in the least restrictive environment (LRE).

In 1991 the Public Law 94-142, the Education for All Handicapped Children Act was replaced by the Individuals with Disabilities Education Act. This law was passed to provide free and appropriate public education to every child with a disability. It requires that each child with a disability “have access to the program best suited to that child’s special needs which is as close as possible to a normal child’s educational program” (Martin, 1978). The Individualized education program (IEP) was developed to help provide a written record of students’ needs and procedures for each child that receives special education services. The IEP will list all the services to be provided, the student's performance level, academic performance, and

…“Children with disabilities should be educated in the most open and normal environment possible (the least restrictive environment); when needed, evaluations, diagnose, and treatments should be done without stigmatization and discrimination.”… (Pg. 176)

Artifact number four will review a scenario in which a seasoned high school principal refuses a disabled student education due to extraordinary expense and a view that the school might not be the best placement for Jonathan. The topics discussed all pertain to Individuals with Disabilities Education Act (IDEA), Free Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), Cedar Rapids v Garret, Board of Education v Holland, and Timothy v Rochester. The facts that will be reviewed in this information will be discussed which could be used to defend Young’s decision, but make sure that Jonathan’s rights are not being stepped on.

The idea of children with disabilities, whether they be mild or severe has been a very controversial and misunderstood topic. In the past inclusion has brought about huge changes for not only the students, but also the parents and families of these children, and staff at schools. Teachers and education professionals were the first to really feel the wrath and intimidation of this dramatic shift in education. There were several different factors that were coming about that made it very difficult for schools and teachers, the unorganized mandates were strict and didn’t allow much time for change. “President Gerald Ford signed the Education for All Handicapped Children Act (EAHCA) into law in 1975. Since the original passage of the EAHCA, the law has been amended four times and renamed the Individuals with Disabilities Education Act (IDEA)” (Conroy, Yell, Katsiyannis, & Collins, 2010, para.1).

Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education

The importance of education for all children, especially for those with disability and with limited social and economic opportunities, is indisputable. Indeed, the special education system allowed children with disability increased access to public education. Apart from that, the special education system has provided for them an effective framework for their education, and for the institutions involved to identify children with disability sooner. In turn, this promotes greater inclusion of children with disability alongside their nondisabled peers. In spite of these advances however, many obstacles remain, including delays in providing services for children with disability, as well as regulatory and