Education has always been a crucial aspect of the Civil Rights Movement. Before being outlawed by the US Supreme Court in 1954, racial segregation in schools was the norm. During that time, many states also had laws barring children with various types of disabilities, including children who were blind, deaf, or perceived to be intellectually disabled or with a mental health disability, from attending public schools or attaining public education. However, this changed with the enactment of the Education for All Handicapped Children Act (EHA) in 1975, which was later changed to the Individuals with Disabilities Education Act (IDEA). Show
Prior to the enactment of EHA, more than 4 million children with disabilities in the US had no access to public schools. To put this in perspective, only 1 in 5 children with disabilities had access to public schools. Most of these children received either limited or no educational or rehabilitation services from the government. Worst still, 3.5 million children were able to attend public schools, but were segregated from other children and received close to no effective instruction! With the enactment of EHA, and later IDEA, more than 6 million children with disabilities receive special education and related services within public schools. What is IDEA and when did it start?IDEA is a US federal statute that governs the education of students with disabilities and related services. It was put in place to ensure that public schools serve the educational needs of students with disabilities by providing them with special education services. This law has very specific requirements, the main focus of which is to guarantee a free appropriate public education (FAPE) to these students. The law also ensures that the unique needs of students with disabilities are met as they are prepared for higher education, employment, and of course independent living. IDEA requires public schools to provide a notice to parents of students with disabilities, containing a complete description of procedural safeguards, as provided within IDEA, and the US Department of Education, or any other regulation governing the education of students with disabilities. This statute also requires all states to issue regulations and guidelines to govern the administration of the federal law within their jurisdictions. Since 1975, EHA has undergone various amendments (1983 and 1990), and in 1997 its name was changed to the Individuals with Disabilities Education Act (IDEA). When first enacted into law, EHA lessened the financial burden brought on public schools by the Rehabilitation Act of 1973. It required all public schools within the US to evaluate children with disabilities, and provide a proper educational plan for the children, with the input of their parents. From the beginning, the intention of IDEA was to give children with disabilities the educational experience that would put them on par with non-disabled students. For example, this law requires children with disabilities to be placed in the least restrictive environment (LRE), so as to foster their interaction with non-disabled students. The 1997 law also supported the transition of children with disabilities from high school to adult living. As a result, IDEA now includes Individualized Education Programs (IEP), which includes transition plans for these children into adulthood, by identifying suitable employment and post-school living. In other words, it places more focus on the individual, not on the condition of the individual. The most recent revision to IDEA came in 2004, where in addition to a number of improvements on EHA, the focus was to ensure that IDEA kept pace with technological advancements. For example, it was changed to conform to the updated Assistive Technology Act, which was passed just a few months before the revision of IDEA. IDEA now promotes research and technology development, offers more details on transition from childhood to adulthood, and advocates for children to be educated in their neighborhood schools, and not in separate classrooms. What are the 4 Parts of IDEA?As noted, the latest reauthorization of IDEA contains a number of changes that promote the development and use of assistive technologies. It underlines the importance of integrating technology into the classroom, so as to enhance the educational curriculum for students with disabilities. Just like the original EHA, IDEA is divided into four parts. Part A lays out the basic foundation for the rest of the act, and is largely administrative. Part B entails educational procedures for individuals with disabilities, aged 3 through 21. Part C deals with infants and toddlers with disabilities, and provides guidelines for early intervention. Part D entails national activities, such as grants from the federal government and other government institutions, as well as from non-governmental organizations (NGO), for-profit companies, and other entities that are concerned with improving education for individuals with disabilities. Part A (General Provisions)Concerned with general provisions and administrative issues, Part A revolves around congressional findings relevant to the act, and the definition of these issues. These definitions and findings are of great importance in the sense that they offer guidelines for the interpretation and use of IDEA. Some of the most important definitions include: child with a disability, free appropriate public education, specific learning disability, local educational agency, individualized education program, special education, agency related services, transition services, supplementary aids and services, and extra costs. The most fundamental component of Part A revolves around new findings, which support the development and deployment of technology in the classroom. It includes the development and use of assistive technology devices and services with the aim of maximizing educational access for individuals with disabilities. In order for IDEA to conform to the provisions of the Assistive Technology Act to enhance educational access for individuals with disabilities, a list of related services is incorporated into the law so that there is uniformity. For example, Part A stresses the significance of designing and delivering products and services that can be used and accessed by a variety of people, and still directly offer a wide range of functional capabilities even without the use of assistive technologies. These products and services should be flexible enough to be accessed, operated, and used with assistive technologies. The provisions of Part A also stress the importance of expanding and enhancing ways in which special education teachers can ensure that requirements established by the No Child Left Behind Act (2001) are fully observed. This includes the revision of the definition of specific learning disability to a “disorder in one or more of the basic psychological processes required in understanding how to use language, spoken or written.” These definitions generally exclude earlier definitions of disorders, given that this statute is more concerned with individuals and not their disorders. In essence, Part A is in place to ensure that this law has positive effects on the education of individuals with disabilities, and on making education as accessible to them as to non-disabled children. Part B (Special Education Services)Part B revolves around funding that the federal government offers to states for special education of children with disabilities. As a condition for this type of funding, states must provide FAPE to children with disabilities, starting at age 3 and until they turn 22. All school districts must locate, identify, and evaluate all children with disabilities, and determine those eligible for special education and related services. Each eligible student must receive an Individualized Education Program (IEP), developed by an IEP team, so that specific special education is provided to meet the needs of each student. This part of IDEA also offers guidelines for procedural safeguards, to protect the rights of children with disabilities, as well as those of their parents. It also provides grants to states for preschool programs for children with disabilities aged 3 to 5. In addition to setting standards of qualifications to be observed by personnel offering various special education services, Part B is integral in harmonizing IDEA with the No Child Left Behind Act. For this reason, this part of the law clearly states that children with disabilities must undergo statewide assessments to determine eligibility for special education. Basically, Part B stipulates that Local Education Agencies (LEAs) must put funds provided under IDEA to use, even if only a single child will benefit from the allocation of those funds. Part B also establishes the National Instructional Materials Accessibility Standards (NIMAS). This is a standardized or uniform file format that is used to provide instructional materials in digitized formats. Each state must adopt and implement NIMAS to ensure that all public schools provide instructional materials to students with print disabilities, such as students who are blind. Each state also has the option of partnering with the National Instructional Materials Access Center (NIMAC). In short, states should coordinate with NIMAC to ensure that instructional materials used in schools, or purchased directly from publishers, are produced in NIMAS-required formats. Last but not least, Part B of IDEA offers guidelines on how disputes, between schools and children with disabilities and their parents, can be solved. For instance, the law stipulates that students who violate school codes must remain under temporary placement awaiting an appeal hearing, which must occur within 20 days. To avoid disputes, it is generally advised that schools and parents of children with disabilities should give mediation a chance whenever a dispute arises. In fact, if a parent proceeds with his or her complaint, the law stipulates that the school may have the right to recover attorney’s fees if the complaints are deemed unfounded. This part of the law is quite important in the sense that it provides funds to support the development and use of assistive technology in enhancing learning and maximizing accessibility for students with disabilities. Part C (Early Intervention Services)This part of IDEA recognizes the need and importance of identifying and reaching infants and toddlers with disabilities. It entitles families to suitable, timely, and multi-disciplinary intervention services. Families should receive an Individualized Family Service Plan (IFSP), which lays out priorities, resources, and concerns of the family. Part D (National Activities to Improve Education of Children with Disabilities)Part D of IDEA governs competitive grants aimed at enhancing the education of children with disabilities on a national level. This part of the law includes state personnel development, support to improve results for children, as well as model demonstration projects, technical assistance, and dissemination of information. In terms of competitive grants, State Educational Agencies (SEAs) are offered competitive grants to help improve their systems, prepare their special education personnel, and improve education for children with disabilities in general. Other education entities such as LEAs and Institutions of Higher Education (IHEs) are also offered competitive grants to improve their systems. Lastly, competitive grants are offered to NGOs to develop information centers, and educate parents of children with disabilities on various issues, including the importance of early intervention and special education. IDEA offers various competitive grants that can be used to integrate universally designed technologies and improve technological resources in the lives of children with disabilities. This part of the law requires the Department of Education to develop a comprehensive research plan to improve the use of technology by children with disabilities, both at school and at home. IDEA revolves around six foundational principlesPrinciple 1 – Free Appropriate Public Education (FAPE)IDEA stipulates that every child with a disability is entitled to special education and related services as part of FAPE. This is designed to ensure that each child’s special and unique needs are met as he or she is prepared for further education, employment, and independent living as an adult. For this reason, all public schools are required to prepare individualized IEPs to offer students with disabilities meaningful educational benefit, including improving student expectation, offering suitable progress, as well as appropriate transition from early education, to further education, and independent living as an adult. The law clearly states that it is the responsibility of public and local school boards to ensure that FAPE is accessible to every student with a disability. Some of the provisions of FAPE include:
Principle 2 – Appropriate EvaluationThis principle stipulates that all public schools must conduct appropriate evaluation of students suspected of having any disability. An appropriate evaluation must be carried out with a team of professionally trained evaluators, who must use suitable evaluation materials, and follow appropriate procedures when administering evaluation, which must be carried out impartially and without discrimination. This principle also specifies that children must not be subjected to unnecessary or inappropriate assessment. Each evaluation or testing must therefore be focused on the child’s education and well-being, now and in the future. At the end of the evaluation, recommendations must be made as to whether or not the child needs special education and if so, how it should be implemented. The following provisions must be provided under appropriate evaluation:
Principle 3 – Individualized Education Program (IEP)IEP was incorporated in IDEA to ensure that every child with disability can fully and easily access FAPE. This is accomplished with an IEP, written by an approved IEP team, that draws upon the appropriate evaluation of the child so as to meet the child’s unique educational needs. This requires the IEP to include information on the child’s current educational level or performance, benchmarking objectives, annual goals, and services and supplementary aids that the child should receive. It should also offer comprehensive explanations of why a child might not be participating in the general classroom. An IEP will set the course for the student’s special education, progress, and transition from one stage to another. The IEP also takes into consideration the strengths of each child, the concerns of the parents and the child, as well as specific academic, developmental, and functional needs of the child. The Principle of IEP stipulates:
Principle 4 – Least Restrictive Environment (LRE)IDEA emphasizes the need to place children with disabilities in a general education setting, or in the same environment as their non-disabled counterparts. LRE is in place to ensure that placement in the general education setting is guaranteed. As such, this principle gives room for various factors such as classroom modifications, alternative instructional techniques, and supplemental aids and services. The IEP team is tasked with determining whether a student can be suitably educated in the general education setting. The team must also determine the kind of LRE that each student requires outside the general classroom. The principle of LRE stipulates that:
Principle 5 – Parents’ Full Participation in Decision-makingIDEA calls for the need of parents’ full participation in decision-making regarding their child’s special education from appropriate evaluation to IEP and LRE decisions. This principle stipulates that educational agencies, whether at the state or local level, as well as local school boards, must ensure that the parents of a child with a disability fully partake in any project or group that makes decisions pertaining the child’s special educational needs. This principle gives the parents the right: to equal and full participation in these processes, to be notified of planned evaluation, to access planning and evaluation materials, and to participate in all meetings related to their child’s special education program. It also gives the parents the right to turn down further evaluation of their child, and the right to seek independent evaluation. In short, this principle deems the parents as equal participants and decision-makers in any process regarding their child. Therefore, the parent must be involved in:
Principle 6 – Procedural SafeguardsIDEA recognizes the importance of procedural safeguards and put these in place to aid parents and students in enforcing their rights as provided within this federal statute. Generally, procedural safeguards protect the rights of parents to access any information regarding placement and transition plans for their child(ren). These safeguards give parents the rights to review all educational records relating to their child and receive timely notices to meetings on their child’s identification, evaluation, and placement. It also provides procedures in the event that a dispute or disagreement occurs between the parents and the school concerning any part of the student’s special education, such as evaluation, IEP, and placement. These safeguards also give parents the right to seek Independent Educational Evaluation (IEE) if they deem it necessary. In the event that a disagreement arises between the parents and the school, procedural safeguards give parents the right to request mediation or hearings at the state level or even beyond, and may appeal the decision of the state or federal courts at the Supreme Court. In summary, these procedural safeguards provide that:
What are the 13 Categories of IDEA?IDEA lists 13 categories under which a student with a disability can be considered eligible for special education and related services as long as they are between the ages of 3 and 21. The categories are:
Who is covered under IDEA?According to IDEA, a child with any of the 13 IDEA categories of a disability is eligible for special education and related services. How is IDEA Funded?When IDEA was passed into law in 2004, Congress stipulated that the federal government would cover 40% of the extra costs of special education for children with disabilities. However, this promise has never been fully realized, with funding from the federal government fluctuating from year to year. For instance, the federal government covered 14.6% of special education extra costs in 2017, and 19% in 2018. States are expected to cover the remaining percentage, as parents are cushioned by law from funding any form of special education program. ConclusionIDEA is a crucially important federal law that enables individuals with disabilities to access education that they need to thrive now and later in life as adults. Given that special education is a complicated issue, this statute offers guidelines for educators and parents on how to implement special education for students with disabilities. It is a law that gives children and their parents, rights to various issues within special education. This law also supports the development and use of assistive technologies in education. Which law extends civil rights and anti discriminatory protection for individuals with disabilities into transportation employment and state and local government activities?The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
What is the idea principle?The Individuals with Disabilities Education Act (IDEA) ensures that students with a disability are provided with a free, appropriate, public education tailored specifically to their individual needs.
What is the disability category that constitutes about two thirds of all students who are classified as having a disability?Approximately two-thirds of students with specific learning disabilities (68 percent), visual impairments (65 percent), other health impairments (64 percent), and developmental delays (63 percent) spent most of the school day in general classes.
Which law began the path to ideia with a focus on students with disabilities?On November 29, 1975, President Gerald Ford signed into law the Education for All Handicapped Children Act (Public Law 94-142), now known as the Individuals with Disabilities Education Act (IDEA).
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