special_education

What is special education?

The Individuals with Disabilities Education Act (IDEA) defines “special education” as “specially designed instruction, at no cost to parents, to
meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions,
and in other settings; and instruction in physical education.”

Development of Special Education Law

The three branches of government are continuously working together to generate laws. As a result, “the law” – and specifically, special
education law - is constantly evolving.

Initially, the United States Supreme Court invoked the Fourteenth Amendment to create the right to a special education for children with
disabilities. (Mills v. Board of Education (1972) (involving the exclusion of mentally retarded students from public schools); Pennsylvania
Association of Retarded Citizens (PARC) v. Commonwealth of Pennsylvania (1972) (involving the exclusion, suspension and expulsion of
“exceptional” children from public schools))

In response to the Supreme Court rulings, Congress enacted legislation guaranteeing the disabled children’s rights (P.L. 94-142). Soon
thereafter, the Department of Health, Education, and Welfare issued regulations to enforce the new federal laws.

Afterwards, the 50 states passed legislation ensuring special education services to eligible children. Invariably, lawsuits arose. Courts
interpreted the statutes and regulations while resolving those lawsuits.

The Supreme Court’s holdings inevitably prompted more federal legislation, which predictably generated more lawsuits. The process is
dynamic and continuous.

The Spirit of IDEA

To understand the need for the Individuals with Disabilities Education Act, we must first address the tenuous term, “disability.” It is a word
fraught with implications and stigmas.

IDEA states that, “Disability is a natural part of the human experience and in no way diminishes the rights of individuals to participate in or
contribute to society.” (20 U.S.C. 1400(c)(1))

IDEA’s description is a great way to broach the concept of “disability.” Every human being carries some sort of a disability through life. A
child’s disability does not define her. Nor should it limit her involvement in the educational process.

IDEA represents the American belief that a quality education is essential to participation in society. As such, improving the education of
children with disabilities will result in equality of opportunity and contribute to maximum participation, independent living, and economic self-
sufficiency for people with disabilities.

The Birth of IDEA

In response to the investigation, Congress enacted the Education for All Handicapped Children Act (EAHCA) of 1975 (PL 94-142).
EAHCA made progress toward guaranteeing children with disabilities and their families access to a free appropriate public education
(FAPE), and toward providing a better quality education for children with disabilities.

However, EAHCA fell short of reaching its full potential.

EAHCA was amended and reauthorized in its current form, presently known as the Individuals with Disabilities Education Act, or IDEA.

IDEA’S Educational Improvement Strategies

IDEA refers to several conditions that will improve the education of children with disabilities.

Strategies to improve the education of children with disabilities include the following:
•        Setting high expectations for children with disabilities and including them in the general curriculum as much as possible;
•        Providing opportunities for parental and family involvement in the education of children with disabilities;
•        Creating a consolidated effort to ensure that “special education” is a service for children with disabilities, rather than a place
     where children are sent;
•        Placing children with disabilities in a regular education environment to the maximum extent possible;
•        Providing training and professional development for all school personnel who work with disabled children;
•        Providing incentives for earlier intervention services to children with developmental problems;
•        Allocating resources toward teaching and learning, rather than toward paperwork and other tasks that do not contribute to educational
      improvement.