Introduction to Special Education Public Policy

In 1954, the landmark school desegregation case, Brown v. Board of Education of Topeka (347 U.S. 483), the U.S. Supreme Court determined that it was unlawful to discriminate against a group of individuals for arbitrary reasons. The Court determined that education was characterized as a fundamental function of government that should be afforded to all citizens on an equal basis. The Brown decision by the U.S. Supreme Court set a precedent that was used by parents and advocates to secure equal educational opportunities for children with disabilities. In, 1972, Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania and the Mills v. Board of Education, District of Columbia cases started a flurry of litigation regarding the education of children with disabilities. The litigation, coupled with untiring, vocal, collaborative efforts of parents and politically powerful advocacy groups, led to federal legislation in 1975.

The Education for All Handicapped Children Act (Public Law 94-142) was signed into law on November 29, 1975 by President Gerald Ford. This legislation is considered the "Bill of Rights" for children with disabilities and their families. The legislation incorporates six major components or guarantees that have forever changed the landscape of education across the United States. These components include:

  • A free appropriate public education (FAPE). All children, regardless of the severity of the disability, must be provided an education appropriate to their unique needs at no cost to the parent(s)/guardian(s). Included in this principle is the concept of related services, which requires that children receive, for example, occupational therapy, physical therapy, orientation and mobility, as well as other services as necessary in order to benefit from special education.
  • The least restrictive environment (LRE). Children with disabilities are to be educated, to the maximum extent appropriate, with students without disabilities. Placements must be consistent with the pupil's education needs. Each state is required to provide a full continuum of alternate placements.
  • An individualized education program (IEP). This document, developed with the parent(s)/guardian(s), is an individually tailored statement describing an educational plan for each learner with exceptionalities. The IEP is required to address (1) the present level of academic functioning; (2) annual goals and accompanying instructional objectives; (3) educational services to be provided; (4) the degree to which the pupil will be able to participate in general education programs; (5) plans for initiating services and length of service delivery; and (6) an annual evaluation procedures specifying objective criteria to determine if instructional objectives are being met.
  • Procedural due process. The Act affords parent(s)/guardian(s) several safeguards as it pertains to their child's education. Briefly, parent(s)/guardian(s) have the right to confidentiality of records; to examine all records; to obtain in independent evaluation; to receive written notification (in the parents' native language) of proposed changes to their child's educational classification or placement; and the right to an impartial hearing whenever disagreements arise regarding educational plans for their child. Furthermore, the student's parent(s)/guardian(s) have the right to representation by legal counsel.
  • Nondiscriminatory assessment. Prior to placement, a child must be evaluated by a multidisciplinary team in all areas of suspected disability by tests that are neither racially, culturally, nor linguistically biased. Students are to receive several types of assessments, administered by trained personnel; a single evaluation procedure is not permitted for either planning or placement purposes.
  • Parental participation. P.L. 94-142 mandates meaningful parent involvement. This legislation requires that parents participate fully in the decision-making process that affects their child's education.

Major components of the Amendments to PL 94-142

Public Law 99-457 (1986 Amendments to PL 94-142)

PL 99-457 created the Handicapped Infants and Toddlers Program. This new provision aimed at children from birth through age 2 with developmental delays or disabilities assists states in implementing a statewide, comprehensive, coordinated, multidisciplinary, interagency program of services.

Public Law 101-476 (1990 Amendments to PL 94-142)

  • Renamed the legislation to the Individuals with Disabilities Education Act (IDEA).
  • Required that each student have, no later than age 16, an individual transition plan (ITP) as part of his/her IEP. The plan allows for a coordinated set of activities and interagency linkages designed to promote the student's movement to postschool functions such as independent living, vocational training, and additional educational experiences.
  • Expanded the scope of the related services provision by adding two services: social work and rehabilitation counseling.
  • Added the identification of autism and traumatic brain injury as distinct disability categories.

Public Law 105-17 (1997 Amendments to PL 94-142)

  • Students with disabilities who exhibit less serious infractions of school conduct may be disciplined in ways similar to children without disabilities (including a change in placement) provided that the misbehavior was not a manifestation of the student's disability.
  • IEPs are now required to state how the student with disabilities will be involved with and progress in the general education curriculum.
  • Transition planning will begin at age 14.
  • Regular educators will become part of the IEP team.
  • Benchmarks and measurable annual goals will be emphasized.
  • Assistive technology needs of the student must be considered by the IEP team.
  • Orientation and mobility services for children with visual impairments were added to the definition of related services.
  • States are required of offer mediation services to help resolve disputes.
  • A variety of assessment tools and strategies are to be used in an effort to gather relevant functional and developmental information.
  • Requires that students with disabilities be included in statewide and districtwide assessment programs or given alternative assessments that meet their unique needs.

Public Law 108-446 (2004 Amendments to PL 94-142)

  • Added language from the No Child Left Behind Act of 2001 regarding core academic subjects, limited English proficiency, and highly qualified teachers.
  • Created a 15-state pilot program in which states may develop and implement three-year IEPs.
  • Districts may elect to not use the "discrepancy formula" in determining if students have a learning disability. A school district may use a process, called response to intervention model.
  • Benchmarks or short-term objectives are not longer required in an IEP, except for students who take alternative assessments.

Other Major Legislation for Individuals with Disabilities

Section 504 of the Rehabilitation Act of 1973 (PL 93-112)

Section 504 defines a person with a disability as anyone who: (1) has a mental or physical impairment which substantially limits one or more major life activity (major life activities include activities such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working); (2) has a record of such impairment; or (3) is regarded as having such an impairment (Gorn, 1997).

  • Civil rights law that says that no individual can be excluded, solely because of his or her disability, from participating in or benefiting from any program or activity receiving federal financial assistance, which includes schools.
  • Students with disabilities who do not qualify for special education under IDEA may qualify under Section 504.
  • To qualify under Section 504, the disability has to impact a major life function, which includes education.
  • To meet Section 504 requirements, schools must make "reasonable accommodations" for students with disabilities so that they can participate in educational programs provided to other students.
  • Under Section 504, students may also receive related services, such as speech/language pathology, occupational or physical therapy, or counseling.

Americans with Disabilities Act (ADA; PL 101-336)

  • An anti-discrimination law that ensures that individuals with disabilities have access to businesses and other public and private entities. It mandates reasonable accommodations for individuals with special needs.
  • ADA has two major provisions that affect the education of these students:
    • Applies protection to nonsectarian private schools, including preschools.
    • Requires public schools to make reasonable accommodations for students with disabilities.
  • ADA most often applies to making school facilities accessible to students with disabilities, such as by adding ramps, elevators, and other modifications to buildings.

Disability Categories

The U.S. Department of education currently classifies students in special education into one or more disability categories. These categories of disability include the following:

Of these classifications, the two largest are specific learning disabilities, with 47.4 of all special education students, and speech or language impairments with 18.7 of all special education students. Note also that there is not a specific category for students diagnosed with attention deficit/hyperactivity disorder; these students are instead grouped into the general category of other health impairment.

Resources

Gargiulo, R.M. (2006). Special education in contemporary society: An introduction to exceptionality. Belmont, CA: Thomson Wadsworth.

Gorn, S. (1997). What do I do when...The answer book on special education law (2nd ed.). Horsham, PA: LRP.

Turnbull, A., Turnbull, R. & Wehmeyer, M. L. (2007). Exceptional lives. Special education in today's schools. Upper Saddle River, NJ: Pearson Merrill Prentice Hall.

Yell, M.L. (2006). The law and special education (2nd ed.). Upper Saddle Creek, NJ: Pearson Education.

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