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

The first key principle of the Individuals with Disabilities Education Act is that any student regardless of their disability is entitled to a free and appropriate public education. The term zero reject is commonly used to summarize this principle. An important component of zero reject is for school administrators to understand that the state is responsible for locating, identifying, and providing for students with disabilities from birth through age twenty-one. School officials play an important role in carrying out the state responsibility under the zero reject principle. This principle both implies and specifies the concept that no matter how severe the disability may seem, all children can learn, benefit from, and are entitled to a free and appropriate public education.

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.

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.

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.

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)

In 1971, parents of children with disabilities and the Public Interest Center of Law for Pennsylvania filed suit against the Commonwealth of Pennsylvania. The case was the first of it’s kind with a goal of attaining free and appropriate education for all children including those with disabilities. The reasoning behind the court case was that by not allowing students with disabilities admission in to public school, the public schools were in turn violating student’s 14th amendment right to due process and equal protection under the law (Public Interest Law Center).

The Americans with Disabilities Act (ADA) states that an employer may not discriminate against a qualified individual with a disability. (US Airways, Inc. v. Barnett). A "qualified" individual includes, but is not limited to, an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the relevant employment position. Id. “Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.” (PPM6Slide12)

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 Education for All Handicapped Children act or PL 94-142 was proposed and signed into law in 1975 and began its effect in 1978. Prior to this act there was no national educational adaptation programs for children with learning disabilities. PL 94-142 was the first opportunity the government provided in order to set equality and improvement measurements for all children and for trying to identify those who are eligible for special education.

Do you know anyone who suffers from a learning disability? There are several disabilities out there, so chances are you must know someone who battles with the day-to-day hassles. But, are learning disabilities really a hassle? More often than not, this can be considered a misconception. Learning disabilities (LD) affect the way a person “of at least average intelligence receives, stores, and processes information” (NCLD 2001). This neurological disorder prevents children especially from being able to perform well academically. Therefore more time and special programs are fostered to them. Once one is educated about what the disability means, the causes of LD, what programs are available to

The Education for all Handicapped Children Act (EHA) had an overall goal of desegregating disabled children in schools, as well as work on integrating them in classrooms with their non-disabled peers. Until the Civil Rights Movement, not much attention was brought to the fact that children with disabilities had very little rights and were kept isolated and not given a proper education, if any at all. Because of the attention brought to the poor and unjust treatment of children with disabilities and the significant court cases dealing with the fourteenth amendment such as Mills v. Board of Education of the District of Columbia, The EHA was passed in 1975. There were high hopes for this act, including keeping disabled students integrated