THE LAWS
Many people know what Special Education is, but few understand the laws behind it. Take a look at the laws that directly influence the Special Education curriculum and services within our schools.
The Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) was initially known as the Education for All Handicapped Children Act (EHA) in 1975 and became renamed in 1990. Upon its renaming, the IDEA included several pillars that reinforced its structure. These statements are as follows:
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1. All children have the right to a Free Appropriate Public Education, also known as a "FAPE" on an IEP. FAPE is designed to make sure that students are receiving the required services and education needed as adequately as their non-disabled counterparts.
2. When appropriate, every student should be learning in the Least Restrictive Environment for them, which is an inclusive environment that will ensure that student's top success.
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3. IDEA enforces Procedural Safeguards, a set of rights for the protection of students with disabilities and their families to ensure that each student receives a FAPE. This includes a parent's right to consent to any educational records, request of an educational evaluation, and more. ​
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4. Every student receiving special education services from their school must have an Individualized Education Plan, also known as an IEP, which is a legal document catered to a student's specific needs and is accompanied by goals, accommodations, present levels, and special education services.
The Assistive Technology Act
The Assistive Technology Act was originally instated in 1998 and reinstated in 2004. Its purpose is to provide assistive technology to people with disabilities for access to their education, employment, and daily activities. Because of technology's increasing significance in our daily lives, the necessity of technology is that much more important for people with disabilities.
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Under this law, each state in the U.S. receives a grant to fund programs, formally known as Assistive Technology Act Programs (ATAP), that give people with disabilities services for their entire lives. At these locations, users can receive low-cost loans, product demonstrations, and more information about the products they receive. Currently, there are 56 ATAPs in the United States.
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Large-format computer keyboards, voice amplifiers, hearing aids, reaching devices, walkers, adaptive sports gear, and much more are available for people with disabilities under the Assistive Technology Act. Many devices qualify under this act if the intent of the device is to assist in day-to-day functioning.
The Handicapped Children's Protection Act (HCPA)
The Handicapped Children's Protection Act (HCPA) was created in 1985 to amend the Education of the Handicapped Act of 1975. While the EHA originally required all public schools to receive funding from the government to provide non-discriminatory educational services to children with disabilities, the HCPA authorizes the award of attorney fees, expenses, and costs that the parent/guardian of a student with disabilities may incur if they win in a civil suit defending their child's right to FAPE.
The Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA) was passed in 1965 as a vital component of President Lyndon B. Johnson's "War on Poverty". President Johnson wanted to focus on combating racial segregation in schools by providing funding to low-income students in disadvantaged neighborhoods.
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The ESEA offered more than $1 billion dollars towards funding the education of disadvantaged students. Since its creation, many studies have shown that increased spending in school districts leads to high graduation rates and fewer grade repeats, especially for low-income students.
The ESEA has been revised several times. It was reinvented to be what we famously know as the No Child Left Behind Act (NCLB), which was signed into effect in 2002 by President Bush. The No Child Left Behind Act was utilized until 2015 before its end. This law ultimately was replaced by the Every Student Succeeds Act (ESSA) in 2015, which addresses some of the issues within the NCLB Act.
The Rehabilitation Act of 1973 (Section 504)
Section 504 of The Rehabilitation of 1973 is a civil rights law that addresses the prohibition of discrimination against children based on disability.
Section 504 allows for the creation of accommodations and modifications within the child's educational programs so they can receive the proper services. Section 504 is broader than the IDEA and accounts for several disabilities that can affect a child's educational access. Similar to the IDEA, there is an emphasis on equal access to educational services for students with disabilities.
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IEP plans and 504 plans are very unique and have very different processes and details. While every student who receives special education services can receive protection under a 504, not every student under a 504 can receive special education services.