During the 1970’s there were federal laws passed that addressed the needs of students with disabilities. In 1973 Section 504 of the Rehabilitation Act prohibited the exclusion from any program or activity receiving funds from the federal government of an otherwise qualified individual with a disability. This Act applies to public schools as well as colleges, universities and employers. The Education for All Handicapped Children Act or Public Law 94-142 was passed in 1975. The goals of this act were to ensure that special education services were available to children who needed them, guaranteed that decisions made concerning these services were fair and appropriate, established specific management and auditing requirements for special education, and provided federal funds to help the states educate children with disabilities.
EHA or PL 94-142 was revised and renamed the Individuals with Disabilities Education Act (IDEA) in 1990. IDEA is composed of four parts.
Part A, General Provisions, outlines IDEA’s general provisions, including the purpose of IDEA and the definitions used throughout the statute.
Part B, Assistance for All Children with Disabilities, includes provisions related to formula grants that assist states in providing a free appropriate public education in the least restrictive environment for children with disabilities ages three through 21.
Part C, Infants and Toddlers with Disabilities, includes provisions related to formula grants that assist states in providing early intervention services for infants and toddlers birth through age two and their families.
Part D, National Activities to Improve Education of Children with Disabilities, includes provisions related to discretionary grants to support state personnel development, technical assistance and dissemination, technology, and parent-training and information centers.
Section 1400 c(1) states, “Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
The purposes of IDEA are defined in section 1400 d, “The purposes of this chapter are to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; to ensure that the rights of children with disabilities and parents of such children are protected; and to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities.”
Parents need to know that these services are available and use them in the best interests of their children. Sometimes, special education placement is the best solution and sometimes, it is not helpful. The needs of the child are the determining factor. In some cases, the special ed label separates students from their peers and causes them to doubt their ability. If students are able to catch up with tutoring or additional support at home, it may be wisest to keep them in the mainstream. If the student cannot function or progress academically without the accommodations allowed in an Individual Education Plan (IEP), then special education is in their best interests.
Parents become part of the IEP team when their child is placed in special education. The other professionals on the team may be the experts on the law, procedure, instructional methods and best practice, but the parent is the expert on their child. They are best qualified to decide what is in the student’s best interest and are legally required to be included in every decision.
School districts are required to provide a copy of Parent Rights before a child can be assessed for special education services, when any change is made in those services and at every IEP meeting. The parents may decline the copy if they wish, but it must be offered to them and explained to their satisfaction.
If you are considering special education services for your child and would like to learn more about it, I offer a free, no obligation consultation. You can access my calendar and contact information, or send me an email at https://insupportoffamilies.com/contact-us/