Key Legislation Governing Special Education

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

Rules, regulations, and federal laws for special education have improved as the years have gone by. This essay will indicate how educators teaching special education must comprehend the mandates of the Individual with Disability Act (IDEA), student and parental rights. This essay will also explain how court cases (past and present) and IDEA has given special education students the ability to receive a Free Appropriate Education (FAPE). My interview with Ms. Patricia Pritchett, Coordinator of Special Education in DeKalb County School District, was able to give me information and guidelines in reference to their county procedures and policies for the special education department. The interview with Ms. Pritchett gave me insight as to special education legal framework and how the constant changes that affects students with disabilities and regular education students.

There are six principles intended to guarantee the educational rights of students with disabilities as well as their parents under IDEA 2004. Included within the federal regulations of IDEA 2004 is a section called procedural safeguards. The purpose of the safeguards is to protect the rights of parents and their child with a disability, also, to provide families and school systems some measures for them to resolve disputes that may transpire (Friend, 2014, p. 15). All decisions that are made on behalf of the student with disabilities must include parental involvement and meet the requirements of the law. For instance, parents are required to provide written consent in order for their child to be assessed to determine if they have a disability.

In a general way Federal Special Education Law describe the criteria used to evaluate and determine whether a student is diagnosed with autism as: “The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance,

IDEA (Public Law 94-142) guarantees a Free Appropriate Public Education (FAPE) to every child with a disability. It provides how children are identified and educated, how they are evaluated, and provides due process protections for children and families. Before students can be placed in special education services, they must be evaluated and qualify for one or more of the thirteen special education services outlined in IDEA. When the student’s evaluation is complete and eligibility is determined, an Individual Education Plan (IEP) must be written to meet the needs of that child. As long as the student is making educational progress, then FAPE is viewed as being met.

According to these principles of IDEA, public schools must educate all children with disabilities regardless of the nature or severity from 3-12. In addition, states are responsible for locating, identifying, and evaluating all children, from birth to age 21, residing in the state with disabilities or who are suspected of having disabilities. Furthermore, all children with disabilities, regardless of the type or severity of their disability, shall receive a free, appropriate public education (FAPE) without cost to the child’s parents, and an individualized education program (IEP) must be developed and implemented to meet the unique needs of each student with a disability (IDEA,

IDEA Part C covers children through the age of two, Part B covers children from the age of three to twenty-one. Children with disabilities are guaranteed special education services, and a fair and impartial education regardless of what or severity of their disability, from the time they are born to the time they graduate high school. The families of the children with disabilities cannot be asked to pay for special education services due to the Free Appropriate Public Education act. Another aspect of IDEA is students with disabilities must be placed in a least restrictive environment with kids in their grade, with a paraprofessional aid, and with proper services. IDEA covers thirteen categories of disabilities they are specific learning disabilities, speech or language impairment, intellectual (mental retardation) disabilities, emotional disturbance, hearing impairment, physical impairments, other heath impairment, visual impairment, autism, deaf/blindness, traumatic brain injury, and developmental delays. The purpose of IDEA 2004 is to make sure that all children with disabilities have the option of a free education with the help of a paraprofessional aid and other services which meets their needs, and gets them ready for future education.

The Education for All Handicapped Children Act [Public Law 94-142] of 1975 was a law passed by Congress that enshrined the rights of U.S. children with disabilities to a free and appropriate public education individualized to meet their needs (Office of Special Education Programs, 2000). The Individual Education Program was established as part of Public Law 94-142’s current iteration, the Individuals with Disabilities Education Act [IDEA], to direct public schools to create Individualized Education Plans [IEP] for each student determined to have a disability and to be in need of services (Office of Special Education Programs, 2000). The most common categories of “disability” identified in IEPs are as follows: learning disabilities, speech and

The educational system in the United States has not always provided comparable education to students with disabilities. Not until 1975, when congress passed the Education for All Handicapped Children Act in 1975, were public school systems were required to provide “free and appropriate” education to children with disabilities. This law is currently referred to as Individuals with Disabilities Education Act of 2004 (IDEA). These laws provide a legal precedence to ensure students with disabilities receive special education services (Hallahan, Kauffman & Pullen, 2012, p. 16).

There were several court cases that helped shape special education and give all students with disabilities an equal learning experience. Before most special education court cases came forth more than one million students with disabilities were deprived of their right to public education. They were also isolated from their peers without disabilities. The most important court case in special education is the Individuals with Disabilities Education Act. Since the passing of IDEA disabled students have gained superior access to comprehensive classrooms and the general education prospectus. The Individuals with Disabilities Education Act was initially known as the Education for All Handicapped Children Act. It has been altered many times since

Free and appropriate education is designed to let students with disabilities not be limited to where they ca attend school to get an education. FAPE

Before 1975, children with disabilities were mostly denied an education solely on the basis of their disability. The Education for All Handicapped Children Act (EAHCA), along with some key Supreme Court cases, mandated all school districts to educate students with disabilities. Today, we know this law as the Individuals with Disabilities Education Act (IDEA).

During the 70s, education for students with disabilities were starting to improve through laws. Free and Appropriate education for students were passed under Public Law 94-142. Other key feature to a modern education or students were created through laws and were re-authorized and possibly reworked throughout the years as improvements and/or as new laws. The Individuals with Disabilities Act (IDEA), expanded on what appropriate education as and focused on assessment measures

Individuals with Disabilities Education Act (IDEA) is a federal law that was passed to help and support eligible students with disabilities. Schools who receive federal funds are required to evaluate students suspected of having a disability and serve the educational needs of such students. IDEA or Individuals with Disabilities Education Act is the current name that was passed in 2004, however, this law was based in a law that was created in 1975 named The Education for All Handicapped Children Act. The name was changed but the essential purpose has not change, it’s primary goals are; to protect the rights of children with disabilities, and to give parents a voice in their child’s education. This law protects individuals from birth to age 21. One of the many specific requirements of the law is that students with disability be educated in a Least Restrictive Environment (LEP)

There were also several changes made to the IEP process. One of these was allowing, with written parental and school consent, IEP team members to be excused from IEP meetings. Another was requiring, when practical, services and supplemental aids be based on peer-reviewed research. It also removed the requirement of progress reports in special education with the same frequency as general education.