Early Special Education Laws
- The first special education law was formally adopted in 1975 to recognize that every person has basic human rights that should be protected, regardless if he has a disability. Before these laws were implemented by the federal government, children with disabilities were looked at as unable to be educated and at times, were completely denied access to an education. Not only was this detrimental to the children, but it was also a disservice to society.
- All children have the right to an education.Read to your Kid image by Maciej Zatonski from Fotolia.com
The first piece of legislation in support of special education was the “Education for All Handicapped Children Act” (Public Law 94-142). It was passed by Congress and signed into law by President Gerald Ford on November 29, 1975. The goal of this law is to improve the overall quality of life for all people with disabilities. Children ages five to 21 are entitled to a "free and appropriate public education" (FAPE). This suggests whatever means are necessary to give a child a meaningful education will come at no cost to the parent. Also, the law states that these children should be educated in the "least restrictive environment" (LRE), which translates to these children being around "typically" functioning children as much as possible throughout the school day. All of these elements are to be identified formally on a written plan called an "Individualized Education Program" (IEP). Each child that is identified with a disability has an IEP written for him. A final crucial part of this law is due process which puts a procedure in place in case of any disagreements between families and educational institutions. An amendment was made to this piece of legislation in 1986 to include preschool age children (birth to five years old). - IDEA recognized it is important to prepare people with disabilities for a career.at auto workshop image by Dmitry Goygel-Sokol from Fotolia.com
In 1990, the Education for All Handicapped Children Act was renamed the Individuals with Disabilities Education Act (IDEA). An important change that came with this piece of legislation is "person first" language. No more are people called "handicapped children." People are now referred to as a person with a disability. This law states that IEPs need to identify transition services for students ages 16 and older. Transition services are activities outlined in the student's educational program that prepare him for life after high school in the areas of employment, post-secondary education, and independent living. Also, children with diagnoses of autism and traumatic brain injury qualify for services under IDEA. This law was amended in 1997 and again in 2004. The majority of those changes ensure that all children have access to instructional materials and the general education curriculum. Furthermore, there is specific language put into the IEPs in order to hold school districts accountable for the education programs they create for each child. - Given a highly qualified instructor and accommodations, all students can show positive results on assessments.taking test image by Petro Feketa from Fotolia.com
No Child Left Behind (NCLB) was passed in 2002 under President George W. Bush. The focus of this law is holding educators accountable for teaching all students the skills and knowledge necessary to score proficient on standardized assessments. Teachers of special education are required to be highly qualified in their content area and are to collaborate with regular education teachers frequently. By having these highly qualified teachers and providing reasonable accommodations on the state assessment, it is NCLB's belief that all children will be able to achieve success in their education.
