The Federal Laws Governing Education for Exceptional Students

 

http://www.nichcy.org/reauth/goodman.htm

 

Background: Federal laws are usually designated like PL 94-142. PL means public law, the first two numbers (94) indicate the number of the Congress during which the law w as passed. The last three numbers indicate the piece of legislation passed during that Congress. For example: PL 94-142 was the 142nd piece of legislation passed by the 94th Congress. PL 98-199 was the 199th piece of legislation passed by the 98th Congress. The Congressional number lasts for a two-year period and changes every even year. For example: the 98th Congress was 1983-84.

 

The IDEA and other Amendments to Public Law 94-142

Congress enacted Public Law 94-142 in 1975. The regulations implementing this law were published in 1977. The law and the regulations stated that a free appropriate public education would be available for all handicapped children aged 3-21, no later than September 1, 1980. (An exception was made for children ages 3, 4, and 5 if it was inconsistent with state law.)

 

In 1983, the programs under the Education of the Handicapped Act (EHA) were amended by PL 98-199 to encourage expanding the services to preschool aged children.

In 1986, EHA was amended through PL 99.457. The age of eligibility for all children with disabilities was lowered to 3 years of age. This law established the Handicapped Infants and Toddlers Program (Part H). This program was directed to the needs of children, from birth to their third birthday.

 

In 1990, Education of the Handicapped Act Amendments of 1990 (PL 100-476) which changed the name of the EHA law to Individuals with Disabilities Education Act (IDEA). New program to improve the services to children called transition services and assisted technology services were now required to be included in an IEP. Rehabilitation counseling and social work were included as related services under the law. The rights under the law were expanded to more fully include children with autism and traumatic brain injury.

 

 

Example: http://www.nichcy.org/Trainpkg/3resc.pdf

 

http://specialed.about.com/cs/teacherstrategies/a/graphic_p.htm

 

 

 

 

The IDEA: The Individuals with Disabilities Education Act (IDEA) guarantees all students “free and appropriate” public education (FAPE). IDEA protects the rights of children with disabilities, including: mental retardation; speech or language impairments; serious emotional disturbance; autism; specific learning disabilities and other health impairments.

 

The law assures to each eligible student:

 

1. An education that’s free and appropriate. “Free” here means at no additional cost. According to IDEA, an appropriate education for a child with a disability is one that is characterized by all of the following:

 

2. Rights that are specified and protected. The child and family have the right to confidentiality of all records; the right to give or deny permission for any step in the process, from referral to placement; and the right to challenge any decision made about the child if they disagree.

 

3. A plan designed to meet individual needs. A team of parents and professionals writes a plan of goals and objectives for the child, specifying what services are necessary, where and when they’ll be offered, and who will provide them.

 

4. Placement based on assessment and evaluation. The program of services, along with providers and locations, is the “placement”; it may be decided only after the child’s needs have been assessed, or determined.

 

5. Inclusion with children without disabilities. The “least restrictive environment” is the one where a child’s special needs are met in the “regular” program as much as possible.

 

6. Involvement of parents in all decisions. See # 2 and #3.

 

7. A range of educational and related services. A combination of programs and services is designed to lessen the effect of the disability on the child’s development or education. It may include occupational, physical, or speech/language therapy, Assistive technology, and counseling, among others.

 

 

 

 

 

 

 

 

 

 

PUBLIC LAW 99-457

(The Education of the Handicapped Act Amendment of 1986)

 

In October 1986, Congress passed a very important special education law called Public Law (P.L.) 99-457. This law is an amendment to P.L. 94-142 and is an important step forward in educating young children with handicaps.

 

Under P.L.99-457, Congress has made funds available to help states and territories wanting to continue receiving federal funds under infant, toddler, and preschool programs to provide the following services:

 

Early Intervention Services to infants and toddlers (ages birth to two years) with handicaps no later than school year 1991-92. (If a state chooses to, it can also serve infants and toddlers at risk of developing handicaps).

 

Special education programs and related services provided to preschoolers (ages 3 through 5 years) who have handicaps no later than school year 1991-92.

 

 

Public Law 93-112

(Section 504 of The Rehabilitation Act of 1973)

 

Section 504 has been called the “Civil Rights Act” for people with disabilities because it makes discrimination against them illegal and thereby protects their civil rights. Although the law is quite short, it is very broad, which means it applies to a lot of situations and covers many people.

What the Law Means

 

It says that any group or program that gets money from the federal government must include people who have disabilities in taking part in and benefiting from its activities. Federal money may be lost if the program discriminates against people with disabilities. These programs include all public schools–preschool through college or university, as well as state and local governments, places of employment, hospitals, and others.

 

Under Section 504, a program is discriminating against people with disabilities if it:

• denies access to a program or service;
• fails to make changes so that access is possible;
• offers a program that is not as good or effective as that offered to people without disabilities; or provides a separate service for people with disabilities instead of making a good faith effort to make changes that will allow access.

 

 

 

 

A person with a disability is one who either “has a physical or mental impairment which substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.”

 

 

How 504 Affects Children

 

Section 504 has great meaning for children with special needs because any program that receives federal money must respect the civil rights of children by offering equal services and facilities or risk losing the funds. This includes early intervention services and all public schools. These programs must provide appropriate services for those children who qualify under 504. “Appropriate” here means having developed a written plan for inclusion, based on an evaluation conducted by qualified personnel.

 

Children over three who have special needs fall under the protection of the U.S. Department of Education regulations, written to implement Section 504. With its broad definition of impairment, 504 includes more children than special education laws do

(All disabilities that qualify a child for special education meet 504’s definition, too.). This means that children with special needs who are in regular education only, because they do not need special education, may still be eligible for modifications in the program and/or related services under Section 504. The reasoning here is that an impairment which “substantially limits one or more major life activities” will likely mean the need for extra support in order for the child to truly have equal access to the school program. Children with special health needs like asthma or diabetes, for instance, may not need special education services if the impairment does not affect intellectual ability or educational achievement. But some medical needs significantly limit the child’s involvement in the school program and, thereby adversely affect learning, which is a major life activity for a child!