Federal Laws Essay examples

This Act transferred the responsibility of children with special educational needs looked after by the health service to the local authority and as a result many special schools were built.

It was revised and renamed in the 90’s. It was now named the Individuals with Disabilities Education Act, or IDEA in 1997. This act afforded many more rights and regulations to those with special needs and those that provided these services. While the basic premise of the original act was included, IDEA expanded, improved and outlined more specifically the duties of the service providers. Parents gained many new rights as well. They now were to attend all meetings pertaining to their child’s education and were allowed any and all documentation rather than only the relevant documents (ERIC, 1998). Students were to have measurable goals and participate in standardized testing. Not only are the needs of the student through to the age of twenty one within the educational system considered, but now, there are transition plans required to help students move from school to their adult life or college and beyond. Schools now have a specific plan for each student called the Individual Education Plan or IEP. And IEP often takes the talents of many service providers and thus a team is assembled (ERIC, 1998). Another really amazing part of IDEA is in the area of discipline. Students are not to be denied ongoing services due to behavior (ERIC, 1998). However, if the behavior was not determined to be related to their disability, the school is allowed to discipline the student in the same manner as a student without a disability. IDEA

Inclusion is one of the very controversial topics concerning the education of students in today's society. It is the effort to put children with disabilities into the general education classes. The main purpose is to ensure that every child receives the best education possible by placing them in the best learning environment possible. Inclusion is a very beneficial idea, supported by law that promotes a well-rounded education while also teaching acceptance of others.

Inclusion is a program that has been in effect for many years, yet has not become standard procedure in all public schools. The program ?inclusion as the name implies, means all students with disabilities, regardless of the nature or severity of the disability and need for special services, receive their total education within the regular education classroom? (Haller 167). Inclusion is an involved program that has taken time to establish in the most beneficial manner, however the Individuals with Disabilities Education Act (IDEA) has helped in the formation of the program (Haller 54). ?The Education of all Handicapped children Act mandated that all school-age children with disabilities receive a free appropriate education in the least restrictive environment? (Haller 54). This means that the education program would cease to pull children out of the classroom for resource instruction. The idea of the

As a result, there were many Reauthorizations and Amendments to Education for All Handicapped Children Act of 1975. These Amendments would ensure the safety and increase parental participation in the education of children with disabilities. These acts help secure educational programs for those children that demonstrated disruptive behaviors due to their disability. It also provided help to state and local government by relieving them of some of the financial burden associated with educating students with special needs.

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 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

Education for All Handicapped Children Act 1975- This act requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. This act required public school systems to create Individualized Education Programs (IEP's) for each child. The specific curriculum and services identified in each IEP should reflect the individualized needs of the

The student’s present level of academic performance and functional performance and a statement of how the disability affects the student’s involvement and progress in the general education curriculum. Preschool children must have a statement explaining how the disability affects the child’s participation in appropriate activities.

Prior to 1975, no federal requirements existed for students with disabilities to attend school, or requirements for schools to attempt to teach students with disabilities (Salvia, Yesseldyke, & Bolt, p. 25, 2013). However, upon the enactment of several federal laws, such as Individuals with Disabilities Education Act (IDEA) and No Child Left Behind (NCLB), students with disabilities received access to free, appropriate public education which in turn required students with disabilities to participate in statewide assessments. According to Public Law 94-142 (now included in IDEA), it requires an individual education program (IEP) for students with disabilities. The IEP contains items such as present levels of

Code, Chapter 15, Protected Handicapped Students, which implements Section 504 of the Rehabilitation Act of 1973. Schools are required to provide necessary accommodations for qualifying students to have an equal opportunity to participate in the school program. This written plan is developed by an IEP team for students in need of special education. This plan outlines how the school will provide a free and appropriate education in the least restrictive environment and is usually initiated by the teacher or administrator. However, parental involvement is required (Department of Health, 2010).

If these students were placed in a regular classroom, they were often functionally excluded, when no support was provided for the child or the teacher. In addition, many students were misclassified following inaccurate assessment, placement or tracking. These past practices have been deemed in violation of a student’s constitutional rights. As a result, IDEA now requires that the educational program that is developed by the IEP team provide the child with opportunities in the least restrictive environment (LRE). LRE is the most normal setting that is possible for the student. The team should take several things into consideration when making this determination. First, they must compare the benefits in the regular class and the benefits in the special class. The U.S. Court of Appeals determined that the appropriateness of placement in the regular classroom is not dependent on the student’s ability to learn the same things the other students learn in the regular classroom. The benefit of social interaction should also be taken into account. Second, consideration should be given to the potentially beneficial or harmful effects that placement in the regular classroom may have on the students involved. Finally, cost should be considered when determining the appropriateness of student placement.

Parents and supporters of students with disabilities were able to use this case to improve educational opportunities for their children, and “established the right of all children to an equal opportunity for an education” (Heward., 2009, p. 26). Individuals With Disabilities Education ActIn 1975, the Education for All Handicapped Children Act (EAHCA), which is also known as Public Law 94-142, was passed by Congress and has been reauthorized and amended by Congress five times since it passed. In 1900, congress changed the name from Education of All Handicapped Children Act, and enacted The Individuals with Disabilities Education Act instead. This law was later reauthorized in 1997 and named Public Law 105-17, the Individuals with Disabilities Education Act Amendments (IDEA), was passed into a federal special education law, with final federal regulations being published in March 1999, and retained all of the earlier versions of Public Law 94-142. In 2004 this act was again reauthorized and became The Individuals with Disabilities Education Improvement Act (IDEIA), also known as IDEA 2004.The Individuals with Disabilities Education Act, requires that public schools serve all students and “ensures that children with learning disabilities have the ability to receive a free appropriate public education that

In my opinion the education departments are not doing enough to encourage schools and explain to the teachers the benefits of inclusion to both the children with disabilities and the rest of the students (Ashman & Elkins, 2009). Children are our future and it is important that through inclusion they learn to understand that differences make us who we are. I think it also further teachers the message to booth the children and the rest of the community that of social justice which says just because your different doesn’t mean you don’t deserve fair treatment (Ashman & Elkins, 2009).

Inclusion began when The Individuals with Disabilities Act (IDEA), was passed in 1974. IDEA marked a turning point for the placement of children with special needs. This legislation stated that all school systems are required to receive federal funding to provide a free and appropriate education for all students regardless of how handicapped they are. The term inclusion does not actually appear in the text of IDEA. Instead, the law requires that children with special needs be educated to the maximum extent appropriate in the least restrictive environment. The IDEA says that the least restrictive environment is the regular education classroom. (Special Education, 2001) The IDEA requires the Individual Education Program (IEP) team to consider placement in the regular classroom in the beginning to determine if it is an appropriate placement for the child. The law specified different environments where special services could take place. The main goal was to place special education students in regular education classrooms for gains in academics and behavior for the children. (Singleton, n.d)