The Legislative Foundation of Special Education
The education of students with disabilities in the United States has gone through an arduous ascend to where it is today. Much of the success achieved for the promotion and awareness and the provision of services for handicapped people has been through the hardy work of parents of children with disabilities and advocates whose demands paved the legislation of statutes that protect the rights of disabled people.
Students with learning disabilities have not been recognized as special needs group until their inclusion in the Education of the Handicapped Act (EHA) of 1970, but it was only in 1975 that the law officially stipulated funding and services for students with learning disabilities (SLD) with the passage of the Education for All Handicapped Children Act (EAHCA) (Schaeffer, 2010). This encouraged awareness and advocacy for people with disabilities over the years and the passage and reauthorization of statutes for the handicapped including the EAHCA to what it is now known as Individuals with Disabilities Education Act (IDEA). The following briefly describe some major laws in special education authorizing the stipulation of quality educational services for all children.
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The Individuals with Disabilities Education Improvement Act of 2004 - P.L. 108-446
The Individuals with Disabilities Education Act of 1997 (IDEA '97) - P.L. 105-17
The Individiduals with Disabilities Education Act (IDEA '90) - P.L. 101-476
The IDEA mandates the provision of free and appropriate public education (FAPE) at the least restrictive environment (LRE) for all school-aged children with disabilities falling under specific categories. School districts are ordered to provide quality education to all students with disabilities aged 6 to 17 under the law. States that offer free public education to students aged 3 to 5 and 18 to 21 will have to provide the same to students with disabilities (Heward, 2013; NICHCY, 2013). Also, the statute requires that students with disabilities should undergo nondiscriminatory evaluation and determination of eligibility for educational services. The IDEA stipulates due process safeguards as well and the collaboration of parents and the students in making decisions concerning the IEP, placement and other educational services necessary in meeting the needs of the child with disability.
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No Child Left Behind act of 2001 (NCLB) -P.L. 107-110
No child Left Behind is a reauthorization of the Elementary and Secondary Education Act. The law intends to raise education standards by assisting disadvantaged students and through standard-based educational reforms. The NCLB is passed on the premise that to change the culture of American education, school performance should be based on “accountability for results, an emphasis on doing what works based on scientific research, expanded parental options, and expanded local control and flexibility” (Pierangelo & Giuliani, 2012; p.14).
The Americans with Disabilities Act (1990) - P.L. 101-336
Meanwhile, ADA is a civil rights act that protects the rights of all individuals with disabilities as well as those who are associated with them. The law prohibits discrimination against children and adults with disabilities in employment, public services and accommodations and telecommunication. The act paved the way for the implementation of architectural and engineering designs in public facilities and business establishments to accommodate people with disabilities. It guaranteed individuals with disabilities access to assistive technology as well (Beard, Carpenter and Johnston, 2011).
Education of the Handicapped Act Ammendments of 1986 - P.L. 99-457
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The Education of the All Handicapped Children Act (EHA) - P.L. 94-142
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Section 504 of the Vocational Rehabilitation Act
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The Carl D. Perkins Vocational and Technical Education Act - P.L. 105-332
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The Family Education Rights and Privacy Act - P.L. 93-380
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