Special Education Policy. Morgan Gill. Grand Canyon University.

Before there was the 504 Plan and the Individuals with Disabilities Education Act, children with disabilities were denied the right to have an education. When the education for all handicapped children act (EHA) was passed, all schools receiving federal funding were required to provide handicapped children with equal access to education. In 1990, when the EHA was reauthorized, it was renamed the Individuals with Disabilities Education Act.

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 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.

Many children have physical, or pathological disabilities which cause them to have a below average performance in a usual classroom environment. The government of the United States of America, having recognized this, issued the Education of All Handicapped Children Act in 1975 in order to assist children afflicted with these disabilities (Berger, 2014). This lead to the creation of multiple special education programs for these children. Programs, such as LRE and RTI strategies have allowed many children to receive education they otherwise would not be able to receive.

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

People with disabilities have long suffered from discrimination and segregation. In the 1880, people with hearing, visual, physical, mental or emotional impairments were sent to be educated in residential institutions or asylums. ("Issues about Change) Parents and family of those with disabilities put pressure on our government and legislation to develop and provide equal access to education by way of mainstreaming or special education. Section 504 of Public Law 93-112 passed in 1973 had far reaching effect on exclusion and discrimination. (Gollnick and Chinn p. 168) This law did for those with disabilities that Title IX did for females and education; it provided access and participation in regular education and extracurricular

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).

Our country’s Legislative system has set many laws in place to protect the educational rights of all students, which allows for students to have a greater opportunity for educational success with funding levels varying between the states. Hooper and Umansky’s book, Young Children with Special Needs, states that the majority of early childhood intervention programs began under the "umbrella of Maternal and Child Health (MCH),” which was put into place in 1935 in accordance with the Social Security Act. The Americans with Disabilities Act and the Individuals with Disabilities Education Act (IDEA) are two programs stemming from this historical piece of legislation. The Americans with Disabilities Act was an anti-discrimination law that allowed for more students to have access to certain facilities and resources giving them a better chance to succeed in their education. IDEA made it mandatory for the state to provide special education service programs for children between the ages of three and five. The parents with children who are included in IDEA typically receive grants to help them fund their child's education. Another piece of legislation that is widely utilized in classrooms today is the Individualized Family Service Plan (IFSP). This plan develops a plan of action for the family with children that receive special education services and allows the information to further assist the child beyond school grounds. In use today is the Affordable Care Act (2012) that allowed for programs to be funded that look to prevent and care for children

For most of our nation's history, children with special needs or disabilities were shunted aside. In spite of mandated education laws that had been in place since 1918, many students were denied education and

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

There are two major federal laws that deal with the education of children with special needs. One of

The goal of the EHA was to integrate disabled students into the classroom in order to give them an equal opportunity for education, rather than keeping them isolated with no level of proper education. This is significant to the education field in that it ensures equal opportunities for all students despite any disabilities. By encouraging the integration of disabled students within the school system, additional help and services needed are provided, as well as individual evaluations for learning (Moody, 2012). Though life changing, the EHA had many flaws that impacted its overall effectiveness, which ultimately led to its modification to become the Individuals with Disabilities Education Act (IDEA) in 1990 (Special Education News, 2017). One of the biggest challenges faced after the implementation of the EHA was funding due to the fact that all public schools needed funding in order to carry out the integration of disabled students in regular classrooms.

According to the Individuals with Disabilities Education Act, students with disabilities should be placed in a “least restrictive environment.” One of the main ideas of this act was to improve the learning experiences of students with disabilities by giving them learning opportunities outside of a special education classroom. The number of students with disabilities being placed in their general education classrooms is increasing more and more each year. The U.S Department of Education’s 27th annual report to Congress on the implementation of The Individuals with Disabilities Education Act (2005) indicates that the number of students with disabilities in general education classrooms has risen to almost 50 percent. This is about a 17 percent increase from the 1997 U.S