The Evolution Of Ideas Into Laws

The Individuals with Disabilities Education Act (IDEA) was passed into law in 1975 under the name of the Education for All Handicapped Children Act (EHA). The EHA was renamed the IDEA in 1990 to reflect inclusive language that puts the person first rather than the disability. The IDEA guarantees a free, appropriate public education (FAPE) to all students with disabilities in the least restrictive environment (LRE). This means that schools must place children with disabilities in a classroom with their non-disabled peers to the greatest extent possible. The IDEA also provides federal funding to state and local education agencies to guarantee these services for eligible students.

The Education for All Handicapped Children Act (1975)

The Education for All Handicapped Children Act, also known as Public Law 94-142 or the EHA, was enacted by Congress and signed into law by President Gerald Ford on November 29, 1975. The EHA was a landmark civil rights measure that guaranteed a free, appropriate public education (FAPE) to every child with a disability across the United States. The law was enacted to address the concerns regarding the exclusion of children with disabilities from the education system, with over 1 million being denied access to education entirely.

The EHA had four main purposes:

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

The EHA authorized financial incentives for states and localities to comply with the law and made significant progress towards meeting national goals for early intervention, special education, and related services. It also laid the foundation for the country's commitment to ensuring that children with disabilities have opportunities to develop their talents and contribute to their communities.

The EHA was amended several times, including in 1986, 1990, 1997, and 2004, to further improve access to education for children with disabilities and address issues such as early intervention, the addition of new disability categories, and the development of transition plans for students. The 1990 amendments also changed the law's name from the EHA to the Individuals with Disabilities Education Act (IDEA), reflecting the ongoing evolution of disability rights and education in the United States.

The Individuals with Disabilities Education Act (1990)

The Individuals with Disabilities Education Act (IDEA) is a US federal law that ensures children with disabilities have access to free appropriate public education (FAPE) in the least restrictive environment (LRE). The law was first enacted in 1975 as the Education of All Handicapped Children Act (EHA) or Public Law 94-142, guaranteeing FAPE to school-aged students with disabilities.

In 1990, the EHA was amended and renamed the Individuals with Disabilities Education Act (IDEA). This amendment extended the right to FAPE to preschool-aged children with disabilities aged three to five and changed the name of the law to reflect its expanded scope. The IDEA ensures that all children with identified disabilities receive special education and related services to address their individual needs, preparing them for employment and independent living.

The IDEA authorises formula grants to states to support special education and early intervention services, as well as discretionary grants to educational institutions and nonprofit organisations to support research, technical assistance, and parent-training centres. The law also emphasises the protection of the rights of children with disabilities and their families.

The IDEA has been amended several times since 1990, including in 1992, 1997, and 2004, to further ensure equal access to education for children with disabilities. The 2004 reauthorisation, known as the Individuals with Disabilities Education Improvement Act (IDEIA), aligned the IDEA with the No Child Left Behind Act requirements.

The Education for All Handicapped Children Act Amendments (1986)

The Education for All Handicapped Children Act, also known as Public Law 94-142 or EHA, was enacted by the United States Congress in 1975. The Act was amended in 1986 to address early intervention and mandated that individual states provide services to families of children born with disabilities from the time they are born.

The 1986 amendments (Public Law 99-457) built on the four original purposes of the EHA:

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

The 1986 amendments furthered these goals by requiring that states provide programs and services from birth, rather than from the age of three as previously mandated. These early intervention and preschool programs prepared young children with disabilities to meet the academic and social challenges that lie ahead of them, both while in school and in later life.

The 1986 amendments also continued the push to expand the opportunities for educating children with disabilities in the least restrictive environment. For example, in the early 1980s, EHA supported several "Severely Handicapped Institutes" to develop and validate effective approaches for integrating children with significant disabilities with their non-disabled family members at home and their non-disabled classmates at school.

The 1986 amendments also contributed to the goal of educating more children in their neighborhood schools, rather than in separate schools and institutions. This was achieved by developing and validating effective approaches for integrating children with significant disabilities with their non-disabled peers.

The Individuals with Disabilities Education Improvement Act (2004)

Key Changes in the 2004 Reauthorization

One of the key changes in the 2004 reauthorization was the inclusion of early intervening services for children who were not currently identified as needing special education but required additional support to succeed in a general education environment. This was designed to address the needs of students who may be at risk of falling behind or needing special education services in the future. The reauthorization also called for greater accountability in educational outcomes and raised standards for instructors teaching special education classes.

Purpose of the IDEA

The IDEA has several stated purposes, including ensuring that all children with disabilities have access to a free appropriate public education (FAPE) that addresses their unique needs and prepares them for further education, employment, and independent living. It also aims to protect the rights of children with disabilities and their parents, and to assist states, localities, and educational agencies in providing education for children with disabilities. Furthermore, the IDEA helps states implement early intervention services for infants and toddlers with disabilities, ensuring that educators and parents have the necessary tools and support to improve educational results.

Impact of the IDEA

Since the passage of the IDEA, significant progress has been made in providing access to education for children with disabilities. In the 2022-23 school year, more than 8 million children with disabilities received special education and related services, compared to nearly 1.8 million children being excluded from public schools before the IDEA. Additionally, in the same school year, more than 66% of children with disabilities were in general education classrooms for 80% or more of their school day, demonstrating the increased inclusion and accessibility that the IDEA has facilitated.

The Every Student Succeeds Act (2015)

The Every Student Succeeds Act (ESSA) is a US law that was passed in December 2015, amending the Elementary and Secondary Education Act of 1965. The act governs the United States K–12 public education policy and replaced its predecessor, the No Child Left Behind Act (NCLB).

The act received bipartisan support in Congress and was signed into law by President Barack Obama on December 10, 2015. It is the first bill since the 1980s to reduce the role of the federal government in elementary and secondary education.

The ESSA retains the annual standardised testing requirements of the No Child Left Behind Act but shifts accountability provisions to the states. Students will continue to take annual tests between the third and eighth grades, and then once again in their junior year of high school. These tests will determine each student's capabilities in the classroom and the success of the state in implementing its plans.

The act leaves more control to the states and districts in determining the standards students are held to. States are required to submit their goals and standards, along with how they plan to achieve them, to the US Department of Education for feedback and approval. The act also requires schools to offer college and career counselling and advanced placement courses to all students.

The ESSA sets new mandates on expectations and requirements for students with disabilities. Most students with disabilities will be required to take the same assessments and be held to the same standards as other students. The act allows for only 1% of students, accounting for 10% of students with disabilities, to be excused from standardised testing. This 1% includes students with severe cognitive disabilities, who will take an alternate assessment.

Another primary goal of the ESSA is to prepare all students, regardless of race, income, disability, ethnicity, or proficiency in English, for a successful college experience and fulfilling career.

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