Individuals With Disabilities Education Act (IDEA) or Public Law 94-142
The Individuals With Disabilities Education Act, or IDEA, (originally the Education of the Handicapped Act) is viewed as the foundation of the legal rights of school-age individuals with disabilities. IDEA was signed into law on December 29, 1975 by President Gerald Ford. Four purposes are outlined in the law:
-to assure that all handicapped children have available to them a free appropriate public education tailored to their unique needs
-to assure the rights of handicapped children and those of their parents are protected
-to assist states and localities in providing for the educations of all handicapped children
-to assess and assure the effectiveness of special education
In the interest of assuring that these purposes are met, lawmakers specify 6 major components of IDEA:
-Free Appropriate Public Education (FAPE) All Children, regardless of the severity of their disability, must have to opportunity to enjoy a free education tailored to their needs. This also includes occupational therapy and any other service needed to benefit from special education.
-The Least Restrictive Environment (LRE) possible shall be the arena of education provided to children with disabilities. This means that exceptional children will be placed in classrooms with children without disabilities.
-An Individual Education Program (IEP) will be developed for every special needs child. This is a statement drawn up by an educational team and the parents of the individual that outlines the educational strategy for that child. It is required to address several points: 1) the current level of performance of the pupil, 2) annual goals and instructional objectives, 3) educational services to be provided, 4) degree to which the student will be able to participate in general education programs, 5) plans for and lengths of special services, and 6) an annual evaluation procedure.
-Procedural Due Process. This section of the law outline's a parent's rights regarding their special needs child.
-Nondiscriminatory Assessment. A child suspected of having any disability or learning delay must be assessed by a trained professional. Also, the test(s) used to assess the student may not be culturally or racially biased.
-Parental Participation. The law requires parents to be actively involved in the educational decision making processes concerning their special needs child. (Gargiulo 44, 48-49)
PL 94-142 radically changed what special needs children and their parents were legally entitled to, as far as a public education was concerned. What it did not address, however, was what children under the age of 3 and their parents were entitled to. It offered a financial incentive for states that maintained a special needs program for infants and toddlers, but did not require it. It did, however, require that states identify and evaluate any child, from birth through age 21, though to have or evidencing a disability.
-to assure that all handicapped children have available to them a free appropriate public education tailored to their unique needs
-to assure the rights of handicapped children and those of their parents are protected
-to assist states and localities in providing for the educations of all handicapped children
-to assess and assure the effectiveness of special education
In the interest of assuring that these purposes are met, lawmakers specify 6 major components of IDEA:
-Free Appropriate Public Education (FAPE) All Children, regardless of the severity of their disability, must have to opportunity to enjoy a free education tailored to their needs. This also includes occupational therapy and any other service needed to benefit from special education.
-The Least Restrictive Environment (LRE) possible shall be the arena of education provided to children with disabilities. This means that exceptional children will be placed in classrooms with children without disabilities.
-An Individual Education Program (IEP) will be developed for every special needs child. This is a statement drawn up by an educational team and the parents of the individual that outlines the educational strategy for that child. It is required to address several points: 1) the current level of performance of the pupil, 2) annual goals and instructional objectives, 3) educational services to be provided, 4) degree to which the student will be able to participate in general education programs, 5) plans for and lengths of special services, and 6) an annual evaluation procedure.
-Procedural Due Process. This section of the law outline's a parent's rights regarding their special needs child.
-Nondiscriminatory Assessment. A child suspected of having any disability or learning delay must be assessed by a trained professional. Also, the test(s) used to assess the student may not be culturally or racially biased.
-Parental Participation. The law requires parents to be actively involved in the educational decision making processes concerning their special needs child. (Gargiulo 44, 48-49)
PL 94-142 radically changed what special needs children and their parents were legally entitled to, as far as a public education was concerned. What it did not address, however, was what children under the age of 3 and their parents were entitled to. It offered a financial incentive for states that maintained a special needs program for infants and toddlers, but did not require it. It did, however, require that states identify and evaluate any child, from birth through age 21, though to have or evidencing a disability.
Public Law 99-457 (1986 Amendments to PL 94-142)
In 1986, Congress passed some very weighty amendments to the original IDEA laws. Most of these amendments centered around the rights of preschoolers and their parents, which were notably absent from the first version of the law. In 1986, it was estimated that 70,000 special needs children between the ages of 3 and 5 were not receiving the proper education. PL 99-457 required that by the 1992-1993 school year, all the rights afforded to school-age children with disabilities be available to preschool age children and their parents. It also offered states monetary incentives to develop similar programs for infants through age 2, but did not require such action. By the end of September 1994, all states had started infant and toddler special education programs. The law also required that a young child suspected of a disability must be assessed by a competent professional and that an Individualized Family Service Plan be drawn up and reviewed every 6 months.
Public Law 101-476 (1990 Amendments to PL 94-142)
This round of amendments changed more than just rights, it was a spotlight on the fact that people's minds were changing about children with disabilities. PL 101-476 changed the wording and terminology of the original law. Children was changed to individuals, and handicapped became with disabilities. Also, the "Education of the Handicapped Act" name was retired, and IDEA, or Individuals With Disabilities Education Act, became the legal name of this set of laws.
This amendment also did a good bit to secure some interesting legal rights for teenagers with disabilities. All children must one day leave high school and join the workforce and the community, and special needs children often need more training and preparation for these tasks than their standard counterparts. PL 101-476 required that every special needs child have an Individualized Transition Plan (ITP) worked into their IEP by age 16. An ITP is a plan for the preparation of individuals with special needs to become capable and ready to leave school and get a job, attend college, and become a contributing member of society.
The heading of "related services" was also expanded under this amendment. It now includes social work and rehabilitation counseling. (Gargiulo 51-52)
This amendment also did a good bit to secure some interesting legal rights for teenagers with disabilities. All children must one day leave high school and join the workforce and the community, and special needs children often need more training and preparation for these tasks than their standard counterparts. PL 101-476 required that every special needs child have an Individualized Transition Plan (ITP) worked into their IEP by age 16. An ITP is a plan for the preparation of individuals with special needs to become capable and ready to leave school and get a job, attend college, and become a contributing member of society.
The heading of "related services" was also expanded under this amendment. It now includes social work and rehabilitation counseling. (Gargiulo 51-52)
PL 105-17 (1997 Amendments to IDEA)
After intense negotiations, Congress passed an extensive set of amendments to IDEA in June of 1997. This amendment basically restructures IDEA and revises several definitions. It also reworks funding, discipline of special needs students, and redefines how IEPs are developed. (Gargiulo 52)
Why We Comply with IDEA
IDEA was the first real protection for children with disabilities and their parents. It gave parents rights concerning their child's education, it made school a more pleasant and more productive place for the children it affected, and it recognized a major issue with our education system and sought to remedy it.
IDEA is the backbone of special education in America, and should be respected as such. Everyone deserves the chance to sit in a classroom and learn, no matter skin color, age, income or disability. Children with disabilities are not to blame for their condition, and should not be punished for it. Exclusion, neglect and indifference often hurt much worse and for much longer than outright name-calling or teasing, and the government made it illegal to exclude this group of people from public schools.
IDEA made it mandatory for any child whom is suspected of being disabled in any way to be evaluated by a competent examiner. This is meant to seek out those children who need extra help and make sure they are getting a solid education that is tailored to their needs, and not being overlooked and left behind.
The inclusion of an ITP into a teenager's special education curriculum is also very important. The ITP is a blueprint of how far these individuals have come, how far they have to go, and the steps that they and their teachers and parents are going to take to help get them there. At a crucial point in any person's life, they are being handed a detailed map through their preparation to adulthood. For someone who may need extra help in taking the leap into the world of higher education and the job market, this is a very valuable helping hand.
IDEA is the backbone of special education in America, and should be respected as such. Everyone deserves the chance to sit in a classroom and learn, no matter skin color, age, income or disability. Children with disabilities are not to blame for their condition, and should not be punished for it. Exclusion, neglect and indifference often hurt much worse and for much longer than outright name-calling or teasing, and the government made it illegal to exclude this group of people from public schools.
IDEA made it mandatory for any child whom is suspected of being disabled in any way to be evaluated by a competent examiner. This is meant to seek out those children who need extra help and make sure they are getting a solid education that is tailored to their needs, and not being overlooked and left behind.
The inclusion of an ITP into a teenager's special education curriculum is also very important. The ITP is a blueprint of how far these individuals have come, how far they have to go, and the steps that they and their teachers and parents are going to take to help get them there. At a crucial point in any person's life, they are being handed a detailed map through their preparation to adulthood. For someone who may need extra help in taking the leap into the world of higher education and the job market, this is a very valuable helping hand.