Background of the Law

In 1972, Congress commenced an investigation to determine the status of children with disabilities in the country. According to statistics from the Bureau of Education for the Handicapped that more than 8 million children were in need of special education and other related services. From that number, only 3.9 million were receiving appropriate education. 1.75 million of the handicapped children were not receiving any educational services at all. On the hand, 2.5 million were receiving inappropriate education. These statistics resulted to introduction of legislation to the congress following several landmark court cases that established the right for education to all children with disability. Among the cases there was Mills v. Board of Education of District of Columbia and Pennsylvania Assn. for Retarded Children v. Commonwealth of Pennsylvania (PARC).These cases involved two important federal court rulings that aided in laying the foundation that led to passage of Section 504 in 1973 of the Rehabilitation Act and the EAHCA; which is now regarded as IDEA.

IDEA was initially enacted in 1975 by Congress to help children with disability attain opportunities for appropriate public education as other children without disability. During this period, it was regarded as the Education for All Handicapped Children Act (P.L. 94-142). Before the passage of the Act, public schools did not have outright obligations concerning children with disability. There was a lot of segregation taking place even for those that got the opportunity of joining public schools. The Act had come along as a result of a wave of activism during the 1960s and 70s (U.S. Department of Education, 2016). The law has been amended severally over the years. The recent amendment was passed in 2004 by Congress. It aims at solving the educational inequalities experienced by children with disabilities.

The Main Purpose of the Law

The major purposes of IDEA include ensuring the rights pertaining to children with disability, and their parents are protected.  It also ensures that they have access to “free appropriate public education” that focuses on special education and other prevalent services to help meet their needs. The Law also helps localities, states and educational service agencies to accord education for all students with disabilities. The IDEA Act also serves the purpose of assessing the effectiveness of efforts being undertaken to educate children with disability.

Main Provisions of the Law

Nondiscriminatory assessment

Under the IDEA Act, several processes are used in gathering information regarding a child that is said to have certain disabilities. The tools and tests involved normally ensure that aspects of discrimination with regards to ethnicity and race have been eliminated (Heward, 2016). There are two reasons revolving around the evaluation. The first one is to identify whether the child is eligible for special education. This is followed by an assessment of related services that might be required.

Being in a Least Restrictive Environment

Every school is expected to train students with disabilities how to interact with their peers without disability. There is a requirement that education services ought to be offered in a student’s “natural environment” for children below 3 years. This can be in either a community setting or the student’s home. For students between 3 and 21 years, they are supposed to be placed in a regular classroom. They can only be removed from these classrooms if they have severe disabilities that cannot be well catered for in a general classroom (Heward, 2016). The students with disability should be allowed to participate in extracurricular activities just like their peers.

Zero Reject

Schools are required to accord special education services to every student that has a disability. Every state has an education agency that is tasked with the responsibility of identifying and assessing all children up to the age of 21 years. This is normally regarded as the child find system.

Parental Safeguards and Involvement

Schools are required to seek consent from parents before they include a student in the special education programs. This is more applicable in the case of Individualized Education Program. They have the right to participate before a decision for inclusion is made. This is to say that the Act works in protecting the rights of the child and parent. In case there is disagreement between the parent and school regarding placement, evaluation or provision of desired public education, the parent can request a due process hearing. Before the due process is held, the parent should be accorded the opportunity of resolving the disagreement through a third party (Heward, 2016).

Free and Appropriate Public Education

IDEA requires that the education being provided to meet the needs of the student involved. This means that extra costs should not be incurred and the environment involved should be the least restrictive. It is not a matter of providing ideal education, but more of a beneficial education.

Impacts of the Law

The impacts emanating from IDEA have been significant since its inception. The role of the regular classroom teachers has changed under IDEA. Teachers have embraced the practice of inclusion to the best of their ability. This has helped students with disability to attend similar classes with their peers without disability. The responsibilities of teachers have also increased since they are now required to attend IEP meetings, collect students’ information and implement accommodations (U.S. Department of Education, 2016). The law also requires that the teachers should have a certain degree of qualification. This ensures that they will have the ability to implement all the relevant provisions.

The provisions outlined by IDEA have also had an impact when it comes to special education. To begin with, the involvement of parents in most programs that relate to special education such as IEP has enhanced a holistic perspective. The parents are aware of what is going on and the progress that their children are having. This becomes easier for them to create a conducive environment at home that will ensure the children benefit fully. Provision of a least restrictive environment on its part ensures that students with disability have the encouragement that they need. They are made to believe that they can do what their peers without disability can do. This boosts their confidence and helps improve their school performance in the long-run. Zero reject and nondiscriminatory assessment provisions on the other hand, ensure that elements of bias have been eliminated in deciding which students ought to be placed in special education environments. Every eligible student is getting the ability to have a normal school life regardless of their backgrounds.

ESSA on it part has also brought about several changes that are likely to affect special education services. The Act has shifted accountability to the hands of the districts and states (U.S. Department of Education, 2016). This results in a shift in focus for advocacy groups. However, it presents parents with an opportunity to make a significant difference. This is because their voices can be amplified by taking part in the discussions involving special education at the state levels (acting as stakeholders at the state level). Having children with disability makes them more eligible for involvement with state plans and decisions. This will ensure that the best interest of students with disability is enhanced. The rules developed will aim at ensuring that the students lead a better life at all times.

References

U.S. Department of Education. (2016). Archived: 25 Year History of the IDEA.  Retrieved 30 September 2016, from http://www2.ed.gov/policy/speced/leg/idea/history.html

U.S. Department of Education. (2016). Every Student Succeeds Act (ESSA). Retrieved 30 September 2016, from http://www.ed.gov/essa

Heward, W. (2016). Six Major Principles of IDEA | Education.com. Education.com. Retrieved 30 September 2016, from http://www.education.com/reference/article/six-major-principles-idea/

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