Special Education Legislation
Special Education Legislation encompasses a series of federal laws designed to ensure that children with disabilities receive appropriate educational opportunities. Beginning in the 1960s, legislative efforts such as the Elementary and Secondary Education Act (ESEA) laid the groundwork for educational rights, including provisions specifically for students with disabilities. The Individuals with Disabilities Education Act (IDEA), enacted in 1990, marked a significant evolution in this area by mandating that all children with disabilities have access to free and appropriate public education, and it emphasized the need for individualized education programs.
Subsequent amendments and laws, including the No Child Left Behind Act (NCLB), sought to improve accountability and educational standards for all students, while recognizing the unique needs of those with disabilities. These legislations collectively highlight the commitment to non-discriminatory practices and the importance of early intervention and ongoing support for students throughout their educational journey. Despite these advancements, recent assessments have indicated challenges in compliance with these federal requirements across various states, underscoring the ongoing need for advocacy and improvement in the special education system. Overall, Special Education Legislation reflects an evolving understanding of the rights of children with disabilities and the importance of providing equitable educational opportunities.
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Special Education Legislation
Beginning in the 1950s, people began to look to the federal government to create programs for disabled children. In 1965 Congress passed the first of a succession of laws, the Elementary and Secondary Education Act (ESEA), that created opportunities for students low income students; those with disabilities were addressed in an amendment the following year. More recently, the Individuals with Disabilities Education Act (IDEA) was created in 1990. This law changed the term used to identify special needs students from “handicapped children” to “children with disabilities” and established the right of adolescent students to receive extended education or employment. President George W. Bush signed the last IDEA amendment into law on December 3, 2004, continuing the basic fundamentals of the original and amended versions while adding new special education requirements.
Overview
The 1966 amendment to ESEA, signed into law by President Lyndon Johnson, included two sections that focused on students with disabilities. In the first section, Congress created the Bureau of Education of the Handicapped and the National Advisory Council to serve students with disabilities. The second section, Title VI, Congress established educational programs for students with disabilities, authorizing state grants to institutions and schools that served students with disabilities. ESEA was the first federal legislation requiring a free and appropriate education for students with disabilities, and it provided the foundation for the No Child Left Behind Act of 2001, which Congress passed as a reauthorization of ESEA, including Title I, the government’s primary aid program for disadvantaged students.
In 1975 President Gerald Ford signed the Education for All Handicapped Children Act as an amendment of the Education for All Handicapped Act of 1974. Congress passed this law to ensure that children with disabilities would receive an education by requiring states receiving federal funds to comply with six criteria. The criteria included a free and appropriate public education, nondiscriminatory identification and evaluation, and an individualized education program. The 1974 Act expanded Title VI, which the ESEA had established.
In 1990 Congress passed the Individuals with Disabilities Education Act (IDEA), which provided many opportunities for special need students. It put the final touches on education for special needs children by requiring a free and appropriate education from infancy until the student transitioned into higher education or a suitable job. It gave special needs students a wide range of schools, provided guidance regarding their curricula, and required students with disabilities to be monitored, assessed and aided in all education areas. IDEA mandated increased cooperation and communication between private and public schools working together.
Congress passed No Child Left Behind (NCLB) in January 2002, which among other provisions, holds states, school districts, schools, and educators accountable for the success of each student and requires states to have annual standardized tests given to 95 percent of all students. NCLB provides greater flexibility to Title 1 spending which allows states and local education organizations greater control over federal education money. Although NCLB was not specifically passed for students with disabilities, it has benefited them by addressing standards for assessment, accommodation, and highly qualified special education teachers.
Bibliography
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Eigenbrood, Rick. “IDEA Requirements for Children with Disabilities in Faith-Based Schools.” Journal of Disability Policy Studies 15.1 (2004): 2. Print.
Essex, Nathan L. “What Every Teacher Should Know about No Child Left Behind.” Southwest Tennessee Community College and University of Memphis. Boston: Pearson, 2006. Print.
Field, Sharon, and Paula Kohler. “Transition-Focused Education: Foundation for the Future.” Journal of Special Education. 37.3 (2003): 174. Print.
Rothstein, Laura F., and Scott F. Johnson. Special Education Law. 5th ed. Los Angeles: Sage, 2013. Print.
Siegel, Lawrence M. The Complete IEP Guide: How to Advocate for Your Special Ed Child. 8th ed. Berkeley: Nolo, 2014. Print.
“Special Education Laws and Legislation.” Assistive Technology Training Online Project. School of Public Health and Health Professions, U at Buffalo. 2005. Web. 17 Aug. 2013.
Yell, Mitchell L. Case Studies in Special Education Law: No Child Left Behind Act and Individuals with Disabilities Education Improvement Act. 3rd ed. New York: Pearson, 2011. Print.