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Education of the Handicapped Act Amendments
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On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act of 2004. This Act is also known as Public Law 108-446. The Individuals with Disabilities Education Act (IDEA) is the law that secures special education services for children with disabilities from the time they are born until they graduate from high school. The law was re-authorized by Congress in 2004. This re-authorization has driven a series of changes in the way special education services are executed. These changes are continuing today and they affect special education and related services across the United States.
There are several different purposes of IDEA. The first is to ensure that all children with disabilities have a free appropriate public education (FAPE). That FAPE should have an emphasis on special education (as well as related services). Their education should be designed to meet their unique needs and should also prepare them for further education, employment and independent living. Another purpose is to ensure that the rights of children with disabilities and pa...
The Americans With Disabilities Act (ADA) protects individuals with disabilities from discrimination based upon their disability (Bennett-Alexander, 2001). The protection extends to discrimination in a broad range of activities, including public services, public accommodations and employment. The ADA's ban against disability discrimination applies to both private and public employers in the United States.
This means that children with all different types of a disability are accessible to public education and learning through professional educators and through their peers. Another important legislation that has been established in 1975 is the Individuals with Disabilities Education Act (IDEA) that includes all ages of children and their rights to learn. Both of these movements helped shape what special education is today and assisted in bringing inclusion into the classroom. They both made it possible for students with disabilities to be integrated into general education classrooms, while getting the assistance they need as well.
The Individuals with Disabilities Act is a federal funding statute that provides "financial aid to states in their efforts to ensure adequate and appropriate services for disabled children." IDEA seeks to improve the educational results for children with disabilities. It also provides guidelines for determining what related services are necessary and outlines a "due process" procedure to make sure these needs are adequately met. According to the IDEA, all children must be educated in the least restrictive environment.
One such policy is the Individuals with Disabilities Education Improvement Act, or IDEA; IDEA sets guidelines and standards for educational services. The services included under IDEA are eligibility tests, appropriate education, individual education plans (IEP), and least restrictive environments (LRE). IEPs are specialized and unique plans that cater to the child's individual needs. Meanwhile, LRE refers to the standard that the learning environment for disabled children is of equal quality and as similar to the classrooms of neurotypical individuals as possible (Santrock, 2017, pg.282). In addition, IDEA also enrolls children into early-intervention programs which helps students transition into appropriate programs. Furthermore, it also ensures that all special education teachers are qualified, and that students with disabilities are not disproportionately suspended or expelled from school in comparison to their neurotypical peers (The History of Special Education,
Parents play a critical role in the planning of educational programs for their children. In efforts to increase parental involvement, instructions were added to the Individuals with Disabilities Education Act (IDEA) that mandated active parental participation during the preparation of Individualized Education Programs (IEPs). According to Lo (2008), when IDEA was reauthorized in 2004, additional parental rights were added that required the attendance of parents and every member of an IEP Team, unless both the parent and school agree to an absence and document that agreement in writing. That mandate emphasizes the importance of parental participation in educational programming for their children.
"The Americans With Disabilities Act is one of the most significant laws in American History. The preamble to the law states that it covers 43,000,000 Americans."(Frierson, p.3) Before the Americans With Disabilities Act(A.D.A.) was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the persons physical disability were they turned away or released from a job. The Americans With Disabilities Act prevented this type of discrimination by establishing rules and regulations designed to protect persons with physical disabilities. With a workforce made up of 43,000,000 people, it is impossible to ignore the impact of these people. The Americans With Disabilities Act not only opened the door for millions of Americans to get back into the workplace, it is paving the road for new facilities in the workplace, new training programs and creating jobs designed for a disabled society.
In 1991 the Public Law 94-142, the Education for All Handicapped Children Act was replaced by the Individuals with Disabilities Education Act. This law was passed to provide free and appropriate public education to every child with a disability. It requires that each child with a disability “have access to the program best suited to that child’s special needs which is as close as possible to a normal child’s educational program” (Martin, 1978). The Individualized education program (IEP) was developed to help provide a written record of students’ needs and procedures for each child that receives special education services. The IEP will list all the services to be provided, the student's performance level, academic performance, and modifications in place for the student.
The child with a learning disability is entitled under IDEA to receive the same quality of education and other services which are entitled to students without disabilities. The law states that the facilities for both kinds of students must be comparable and the necessary training materials and the appropriate equipment to impart the education must be provided to the student (Individuals with Disabilities Education Act (IDEA), n.d.).
Prior to 1975, educational options for a child living with a mental or physical disability were limited. The family of the handicapped child was most likely forced down an path that lead to the institutionalization of the child and distancing the child from the benefits of receiving a free and public education. It was after federal legislation passed the Rehabilitation Act of 1973 (42 U.S.C. § 1983) that monumental changes began to develop that allowed a better understanding of the needs and capabilities of people with various handicapping conditions. Soon after this legislation, Public Law 94-142, also known as the Education for all Handicapped Children’s Act of 1975 (EHA) would further increase the public awareness by providing a free appropriate public education (FAPE) for children suffering from disabilities. Following the EHA legislation reformations concerning the education of disabled individuals would soon become numerous and legislative acts were passed enabling accommodations for disabled individuals in the fields of vocations and technology. In 1990, President Gerald Ford signed legislation replacing P.L. 94-142 with the Individual with Disabilities Education Act of 1990 (IDEA, 20 USC 1400). By definition, the Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation (US Department of Education, 2011).
The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities.
“The Civil Rights Act of 1964 prohibit discrimination on the basis of race, religion, national origin, or gender, but people with disabilities were not included under such protection” (Department of Justice). It was not until 1973 when the Rehabilitation Act came to fruition that people were officially by law protected against discrimination on the basis of either mental or physical disability. The Architectural Barriers Act implemented in 1968 helped people with disabilities have access to buildings and facilities by companies, agencies complying with federal standards for physical accessibility. The Education for All Handicapped Children Act was renamed the Individuals with Disabilities Act (IDEA). This Act allows people with disabilities into public schools and also requires the school to develop (IEP’s) Individualized Education Programs to be developed and fit individualized needs for the student. Another very important piece of legislation is the Americans With Disabilities Act (ADA) in which “prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation and telecommunications services” (A Brief History, p.1).
Usability is a critical portion of web design that one must be ever mindful of when constructing websites. Whether creating a personal web space or building multiple pages for a large corporation, it is the burden of the designer to guarantee people can access that content. According to the United Nations, disabled people compose roughly 10 percent of the world’s population (United Nations, 2010). Many regulations and standards have been set forth to provide disabled people with the same opportunities to access content available on the World Wide Web, as it is most of the World’s population.
Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education services, the school district must devise a written individual education program (IEP) for the child, which includes related services. An IEP is a statement of a student’s special education and related services including speech services, psychological services, physical and occupational therapy, counseling and assistive technology and transportation. In addition, this legally binding, individualized plan outlines reasonable educational goals for the student and is reviewed and updated yearly.
Special needs litigation is one of the most common legal issue dealt with in educational circles. IDEA (Individuals with Disabilities Act) does not define “appropriate” which leaves the interpretation of an adequate level of educational services and responsibilities open to a great deal of subjectivity. This analysis provides a brief summary of special needs cases and the implications for school systems and educational administrators.
Education is a profession which requires a teacher to be able to communicate with a multitude of students on a variety of levels. There is not a class, or student for that matter, that is identical. Therefore, teachers must be able to identify and help educate students from all different types of backgrounds and at different levels. Teaching a singular subject presents difficulties, but teaching students with disabilities should not be one. There are three main teaching areas that need to be focused on when teaching a student with a learning disability. Teachers need to focus on the strategies that will assist students with reading comprehension skills, writing skills, and maintaining appropriate behaviors in a classroom setting.