The Evolution Of Idea: Law And Education

The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures students with disabilities are provided with a free appropriate public education (FAPE) tailored to their individual needs. The IDEA was passed in 1975 under a different name, the Education for All Handicapped Children Act (EHA), and was renamed in 1990. The law guarantees that all children with disabilities have the right to a free and appropriate public education, with a focus on placing children in the least restrictive environment. This means that schools must place children with disabilities in a classroom with their non-disabled peers to the greatest extent possible. The IDEA has been reauthorized and amended several times, most recently in 2015 with the Every Student Succeeds Act.

The Individuals with Disabilities Education Act (IDEA)

The IDEA is composed of four parts: Part A covers the general provisions of the law; Part B covers assistance for the education of all children with disabilities; Part C covers infants and toddlers with disabilities, including children from birth to age three; and Part D consists of the national support programs administered at the federal level. The IDEA is made up of six main elements: Individualized Education Program (IEP); FAPE; Least Restrictive Environment (LRE); Appropriate Evaluation; Parent and Teacher Participation; and Procedural Safeguards.

The IDEA requires public schools to create an IEP for each student who is found to be eligible under federal and state eligibility/disability standards. The IEP describes the student's present levels of academic achievement and functional performance and how their disabilities affect or would affect their involvement in the general education curriculum. It also specifies the services to be provided, how often, and any necessary accommodations and modifications. The IEP is created by a team that includes the child's parents, at least one regular education teacher (if applicable), a special education teacher, someone who can interpret the educational implications of the child's evaluation, any related service personnel deemed appropriate or necessary, and an administrator or CSE representative.

FAPE is defined as "special education and related services that are provided at the public's expense, under public supervision and direction, and without charge." To provide FAPE, schools must offer an education that is designed to meet the unique needs of each student with a disability, providing access to the general curriculum and resulting in educational benefit to the child.

The LRE element of the IDEA requires that, "to the maximum extent appropriate," children with disabilities are educated with children who are non-disabled. This means that schools must place children with disabilities in a classroom with their non-disabled peers as much as possible. Separate schooling may only occur when the nature or severity of the disability is such that instructional goals cannot be achieved in a regular classroom.

The IDEA also includes a set of procedural safeguards designed to protect the rights of children with disabilities and their families and to ensure that they receive FAPE. These safeguards include access to information, parent participation in IEP team meetings, prior written notice of any changes to the IEP, understandable language, informed consent, and the right to request independent educational evaluations at public expense.

The IDEA has been reauthorized and amended several times since its enactment, with the most recent reauthorization occurring in 2004 and the latest amendments made in 2015 through the Every Student Succeeds Act. These changes have helped to improve educational outcomes and opportunities for children with disabilities, ensuring that they have the same opportunities as their non-disabled peers.

Free Appropriate Public Education (FAPE)

FAPE is defined as "special education and related services that are provided at the public's expense, under public supervision and direction, and without charge". This includes access to preschool, elementary, or secondary education that meets state educational agency standards. Schools must provide students with an education that is designed to meet their unique needs, providing access to the general curriculum, and resulting in educational benefit to the child.

The IDEA requires that public schools create an Individualized Education Program (IEP) for each student who is found to be eligible under federal and state eligibility/disability standards. The IEP describes the student's present levels of academic achievement and functional performance and how their disabilities affect or would affect their involvement in the general education curriculum. It also specifies the services to be provided, how often they will be provided, and any necessary accommodations and modifications.

The IEP is developed in collaboration with the school, parents, and the student to specify the actions the school will take to achieve the child's development goals. Parents are considered equal members of the IEP team and are kept informed throughout the process, with the opportunity to provide valuable input about their child.

FAPE is guaranteed by the IDEA and ensures that all children with disabilities have access to a free and appropriate public education, regardless of their disability status. This right was codified in 1975 when the United States Congress passed the IDEA, which was originally known as the Education for All Handicapped Children Act (EHA). The EHA was amended and renamed the IDEA in 1990 to place more focus on the individual and promote research and technology development.

The IDEA has been reauthorized and amended several times since its enactment, with the most recent reauthorization occurring in 2004 and the latest amendments made in 2015 with the Every Student Succeeds Act. These changes have helped to improve educational outcomes and increase access to education for children with disabilities, ensuring their rights to a free and appropriate education.

Education for All Handicapped Children Act (EHA)

The Education for All Handicapped Children Act (EHA) was enacted by Congress in 1975 to support states and localities in protecting the rights of, meeting the individual needs of, and improving the results for infants, toddlers, children, and youth with disabilities and their families.

Before the EHA, many children with disabilities were denied access to education and opportunities to learn. In 1970, only one in five children with disabilities were educated in U.S. schools, and many states had laws excluding certain students, such as those who were deaf, blind, emotionally disturbed, or had an intellectual disability.

The EHA guaranteed a free, appropriate public education (FAPE) to each child with a disability across the country. The four purposes of the EHA were:

• To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs.
• To ensure that the rights of children with disabilities and their parents are protected.
• To assist states and localities in providing for the education of all children with disabilities.
• To assess and ensure the effectiveness of efforts to educate all children with disabilities.

The EHA was a response to Congressional concern for two groups of children: the more than 1 million children with disabilities who were excluded entirely from the education system, and the children with disabilities who had only limited access to the education system and were therefore denied an appropriate education. This latter group comprised more than half of all children with disabilities living in the U.S. at the time.

The EHA required public schools to evaluate children with disabilities and create an educational plan with parent input, so as to emulate as closely as possible the educational experience of non-disabled students. Students should be placed in the least restrictive environment, allowing for maximum interaction with non-impaired students. The law also contained a due process clause that guaranteed an impartial hearing to resolve conflicts between the parents of disabled children and the school system.

In 1990, the EHA was reauthorized and renamed the Individuals with Disabilities Education Act (IDEA) to place more focus on the individual, rather than a condition that the individual may have. The IDEA also included improvements such as promoting research and technology development, and details on transition programs for students post-high school.

Amendments to EHA

The Education for All Handicapped Children Act (EHA), also known as Public Law 94-142, was enacted by Congress in 1975 to support states and localities in protecting the rights of, meeting the individual needs of, and improving the results for infants, toddlers, children, and youth with disabilities and their families.

The EHA was amended several times, with significant changes being made in 1986, 1990, 1997, 2004, and 2015. Here is a summary of the key amendments to the EHA:

1986 Amendments:

• Addressed early intervention by mandating that individual states provide services to families of children with disabilities from birth.
• This was a shift from the previous requirement, where services were only available to children aged three and above.

1990 Reauthorization (Public Law 110-476):

• The EHA was reauthorized and renamed the Individuals with Disabilities Education Act (IDEA) to focus more on the individual rather than their condition.
• This amendment added traumatic brain injury and autism as new disability categories.
• Congress mandated that a student's Individualized Education Program (IEP) must include an Individual Transition Plan (ITP) to help with post-secondary life.

1997 Reauthorization (Public Law 105-17):

• Emphasized access to the general curriculum for students with disabilities.
• Authorized states to expand the "developmental delay" definition to include students up to age nine.
• Required schools to provide parents with an opportunity to resolve disputes through mediation.

2004 Reauthorization:

• Aligned IDEA with the No Child Left Behind Act requirements.
• Called for early intervening services for children who need additional support but are not identified as needing special education.
• Raised standards for instructors teaching special education classes.

2015 Amendments (Every Student Succeeds Act):

• Maintained fiscal effort and removed the authority of states to define modified academic achievement standards and develop alternate assessments.
• Promoted equity under IDEA by addressing significant disproportionality based on race and ethnicity in the identification and placement of students with disabilities.
• Helped ensure that children with disabilities are not disproportionately removed from their educational placements due to disciplinary actions.

Reauthorization of IDEA

The Individuals with Disabilities Education Act (IDEA) is a law that guarantees a free appropriate public education (FAPE) to eligible children with disabilities in the United States. The law was first enacted in 1975 as the Education for All Handicapped Children Act (EHA) and was reauthorized and renamed to IDEA in 1990. The IDEA ensures that children with disabilities have access to special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.

Since its enactment, the IDEA has been reauthorized multiple times to strengthen its provisions and align it with other educational laws. Here is a summary of the key reauthorizations and amendments:

• The 2004 reauthorization aligned IDEA with the No Child Left Behind Act requirements.
• It called for early intervening services for children who need additional academic and behavioral support but are not currently identified as needing special education.
• It emphasized greater accountability and improved educational outcomes for students with disabilities.
• It raised standards for instructors teaching special education classes.

Amendments and Reauthorization in the 1990s:

• The 1990 reauthorization changed the name of the law from EHA to IDEA, placing more focus on the individual.
• It added traumatic brain injury and autism as new disability categories.
• Congress mandated that a student's individualized education program (IEP) must include an individual transition plan (ITP) to help with post-secondary life.
• The 1997 reauthorization emphasized access to the general curriculum and allowed states to expand the "developmental delay" definition to include students up to age nine.
• It provided a process for parents to resolve disputes with schools and Local Educational Agencies (LEAs) through mediation.

Other Key Amendments:

• In 1986, amendments were made to address early intervention, mandating that states provide services to families of children with disabilities from birth.
• The 2015 revisions removed the authority of states to define modified academic achievement standards and develop alternate assessments for eligible students with disabilities.
• The 2016 revisions promoted equity under IDEA, addressing the over-identification of certain students for special education services and ensuring that children with disabilities are not disproportionately removed from their educational placements.

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