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Special Education Act Of 1975

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History of Special Education Law Individuals with disabilities were not always given equal treatment in the public education system. In fact, even when students with disabilities were admitted into public schools “did not receive an effective or appropriate education” (Yell, n.d.). However this gradually begin to change once legislation directed toward specifically toward special education went into effect. This essay will compare the Education for All Handicapped Children Act of 1975 and Individuals with Disabilities Education Act (IDEA 2004) with references to the Venn diagram included above.
Compare and Contrast There a numerous similarities and differences among the two pieces of legislation as described in the Venn diagram above. This …show more content…

For example, it only sets forth general requirements that states must meet in order to qualify for federal funds, and did not describe specific educational programs that schools must make available to the students with disabilities. However, the Individuals with Disabilities Act changed this to clarify, strengthen, and provide guidance on its implementation and placed emphasis on education results and improved quality of special education and included tools for …show more content…

The definition of a free and appropriate public education (FAPE) has changed very little with the amendments and renaming of this legislation to Individuals with Disabilities Act (IDEA). Furthermore, FAPE is a critical piece of the legislation and special education program. It is somewhat different for each student, in that the accommodations and modifications will vary from learn to learn.
Assessing
The reauthorization in 1997 required schools to acquire written consent before testing their child. The assessing requirements for special needs learners was also expanded in 2004. Assessments were required to align with the state standards. States must disclose how many special education students take the regular test, an alternative test, and compare the performance of special education students to other students – even those without disabilities. Subsequently, test scores are made public and weighed to ensure schools are making progress with students.
The Individualized Educational Program

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Children with disabilities will receive free, appropriate education that is tailored to their individual needs (FAPE). FAPE was derived from the Individuals with Disabilities Improvement Act (IDEIA) of 2004 (Essex, p. 127). The Rowley v BOE of Hendrick Hudson School District case is a monumental case that educators should look to for decision making regarding FAPE. Amy Rowley’s family filed a suit against Hendrick Hudson School District when the district refused to provide a person to sign for Amy during her classes. It was decided in favor of the family but later overturned by the Supreme Court in favor of the school district.

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Three laws that have shaped and resolved the rights and services available to the students with disabilities will be discussed in this section. Section 504 of Rehabilitation Act of 1973, the Individuals with Disabilities Act( IDEA )and The Americans Disabilities Act( ADA). The IDEA is the major federal statute providing educational rights to students with disabilities. Even so, two other statutes, Section 504 of the rehabilitation Act and ADA which was modified recently (ADA,2006,2008), also have implication for the disciplinary process when it involves students with disabilities ( Russo & Osborne, 2009). Section 504 of the Rehabilitation Act is the first federal civil rights law protecting the rights of persons with disabilities.

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It includes annual goals for the child to complete, an IEP is also written into the IDEA Act. An IEP stands for Individualized Education Program/Plan, an IEP is used for students who struggle in school. It is a laid out legal document that provides a solid planned growth program that provides special education instruction, support, and special services the student needs to help them manage and flourish in public school. The IEP Module 3 states, “The IEP addresses the specific needs and current levels of performance of the student, and sets appropriate performance goals based on the student’s current circumstances that will demonstrate that the student is receiving sufficient support to progress toward annual goals.” This is important to remember because the IEP is constantly changing to ensure that the student is constantly reaching for new goals to achieve every school year/semester.

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There are six major principles imbedded in the Individuals with Disabilities Education Act (IDEA), three of which are Free Appropriate Public Education (FAPE), non-discriminatory assessment, and zero

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(Phyllene W. v. Huntsville Board of Education, 2015, p. 6-7) In the second grade, M.W. was assessed for special education services. Her vision and hearing fell within the normal range, but she qualified for services for learning disabilities. Over the next few years, services were adjusted in the IEP to meet the needs of M.W. For example, dyslexia was

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Special Education in America has grown enormously in the last hundred years. In the early 1900s special education classrooms had just recently been organized in the United States and “The first formal training for public school teachers [that taught special education] began at the Training School at Vineland, New Jersey, in 1904 (Johnson 1909; ‘Summer School for Teachers’)” (Trent 294). The first service animals weren’t employed until almost the end of 1928. Disability services weren’t properly provided until well past the 1950’s.

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IDEA regulations encourage positive behavioral intervention and support for students with disabilities. In 1997, amendments were made to the Individuals with Disabilities Education Act to ensure that students with disabilities had IEP’s that addressed behavioral issues which prevented them from reaping the benefit of learning opportunities, and to also ensure that they were treated fairly for behavioral issues. The changes included considerations of safety issues when a student poses a threat to him or herself and/or others. The changes allow for a range of actions from alternative placement and IEP modifications, to removal by hearing.

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Many doors were opened through the passing of the Education for All Handicapped Children Act of 1975, and several iterations of that law, to make free and appropriate education available to all eligible students with a disability. Additionally advances in computers, the internet, teaching software and classroom technology allowed for greater flexibility in distributing teachable content in multiple formats which helped deal with the variations in learning styles found in and out of the

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In the United States special education has changed tremendously over the years. The federal government has passed different laws, such as IDEA, NCLB, and Section 504 to guarantee the rights of exceptional students. They make sure they are receiving a free and appropriate education. The laws that are created by the federal government must be followed by school systems on a state and local level. These laws hold teachers, administrators, and school district accountable for the education of special education students.

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A direct quote from the Legal Framework says, “The term special education means specially-designed instruction, at no cost to parents, to meet the unique needs of the child with a disability.” Stating that only students with learning disabilities are allowed to receive test modifications illustrates Mr. Cleveland’s lack of familiarity with services provided to students with

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In the case of Mills v. Board of Education, since segregation based on race was declared unconstitutional, discrimination depriving children with disabilities of an education was also declared unconstitutional. This case ensured access to public education for all children with disabilities and contributed to the laws and protections of rights in the form of procedural safeguards (Yell,

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This describes where and when the services will be provided to meet the student’s goals. IDEA requires that the student be educated in the least restrictive environment, meaning with children without disabilities to the maximum extent as determined by the IEP team. In certain situations, supplementary aids and services must be provided and this information should also be stated in this section of the IEP. The date, frequency, location, and duration should be stated as well (Gibb & Dyches, 2007, p. 65-74) [Click and drag to move] .

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Per McCann (2014), this bill known as the Education of Handicapped Children Act of 1965, provided a two-year $3.5 million formula grant to states for the education of children with special needs. The population of children ages 3 through 21 would be the bases for funding (McCann, 2014). This bill was the first time in history that the federal government assisted states in funding these services and according to Griffith (2015), some policymakers saw this act as an intrusion into school districts. Griffith (2015) explains that these policymakers believed that prior federal court rulings made if clear that districts and states were responsible for providing all students, including students with disabilities, with an appropriate

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The Individuals with Disabilities Education Act (IDEA) is a federal law enacted in 1990 and reauthorized in 1997 and 2004. It is designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability. Furthermore, IDEA strives not only to grant equal access to students with disabilities, but also to provide additional special education services and procedural safeguards. Special education services are individualized to meet the unique needs of students with disabilities and are provided in the least restrictive environment. Special education may include individual or small group instruction, curriculum or teaching modifications, assistive technology,

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The IDEA (Individual with Disabilities Act) needs schools to give assistive technology equipment and services for a student with a disability to make sure a “free and suitable” public education. The reauthorization of IDEA (1997) mandate AT to be comprised into the Individual Education Program (IEP). In 2001, with the passage of No Child Left Behind (NCLB), the American Department of Education is embracing technology study to enhance the performance of educational involvement and in turn, educational success.

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