EDUCATION FOR ALL
HANDICAPPED CHILDREN
ACT
197
5
Education for all Handicapped Children Act was the first special
education law directed at students with physical and mental
disabilities, it is considered the “Bill of Lightbourn children with
disabilities and their families the mission of this act was to:
Make special education services accessible to children who
require them; maintain fair and appropriate services for disabled
students; institute systematic evaluation requirements for special
education; and endow federal resources to public schools for
education of disabled students. Which provided Free appropriate
public education which included necessary services like
occupational, physical and speech therapy. The law also calls for
parental participation and gives procedural due process allowing
parents to have legal representation
This law was passed by congress in 1975 and the law stated that
public schools must provide children with special needs with the
same opportunities for education as other children. the law also
required any public school that received federal funds to
provide one free meal a day for these children.
THE INDIVIDUALS WITH
DISABILITES EDUCATION
ACT (IDEA)
1990
In 1990 The Individuals with Disabilities Education act or IDEA was
created and became a modification of the Education for all
Handicapped Children Act. This law ensures that special needs
students receive appropriate free public education in the least
restrictive environment necessary to meet the students ‘needs.
This modification helps students receive the extra assistance they
need but allow them to participate in the activities as the children
without special needs whenever possible.
Ensures equal employment opportunity for people with disabilities ,
nondiscrimination on the basis of disability in state and local
government services as well as public accommodations and in
commercial facilities, access to transportation, and
telecommunications must allow people with hearing and speech
disabilities to communicate over the phone and other miscellaneous
provisions that includes a list of what is not to be considered a
disability.
Free Appropriate
Public Education (FAPE)
1973 Free Appropriate Public Education falls under Secion 504 of
the Rehabilitation Act of 1973. Any student who has a
physical or mental impairment which substantially limits one
or more major life activities, has a record of such an
impairment, or is regarded as having such an impairment is
entitled to FAPE. In an appropriate education, parents and
guardians are allowed the right to receive required notices,
review their child’s records and challenge identification,
evaluation and placement decisions. The primary purpose of
FAPE is designed to meet the individual education needs of
students with disabilities as adequately as the needs of
nondisabled students. Inclusion of disabled students with
nondisabled
students is exceptionally important in the development of
those who do have a disability. In order for students to be
incorporated as smoothly as possible into the program, they
must go through a series of evaluations to be placed
appropriately in an educational environment. This is to ensure
that the disabled student gets the best education possible.
(Duncan & Russlynn, 2010).
Least Restrictive
Environment Law
1975 “Least Restrictive Environment (LRE) is the requirement in
federal law that students with disabilities receive their
education, to the maximum extent appropriate, with
nondisabled peers and that special education students are
not removed from regular classes unless, even with
supplemental aids and services, education in regular classes
cannot be achieved satisfactorily.” [20 United States Code
(U.S.C) Sec.
1412(a)(5)(A); 34 Code of Federal Regulations (C.F.R.) Sec.
300.114.]. The district must provide the aids and services
necessary to assist the child in need, and the district must
also ensure that the special needs student is included in
regular classrooms with supplementary aids and services as
much as is possible. Students, under this act are
mainstreamed into the classroom which requires that the
child receives the absolute best education possible within a
regular classroom. The districts are legally bound to integrate
special needs students into those regular classrooms. If for
some reason it is not possible to put a certain special needs
child in a regular class, other measures must be taken to give
that child as many opportunities as possible for interaction
with
nondisabled peers (Special Education Rights
and Responsibilities, 2018).
Education for all
Handicapped children Act
1975
Education for all Handicapped Children Act was the first special
education law directed at students with physical and mental
disabilities, it is considered the “Bill of Lightbourn children with
disabilities and their families the mission of this act was to:
Make special education services accessible to children who
require them; maintain fair and appropriate services for disabled
students; institute systematic evaluation requirements for special
education; and endow federal resources to public schools for
education of disabled students. Which provided Free appropriate
public education which included necessary services like
occupational, physical and speech therapy. The law also calls for
parental participation and gives procedural due process allowing
parents to have legal representation
This law was passed by congress in 1975 and the law stated that
public schools must provide children with special needs with the
same opportunities for education as other children. the law also
required any public school that received federal funds to
provide one free meal a day for these children.
Protection of Pupil Rights
Amendment (PPRA) or
“Hatch Amendment”
1978 he Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. §
1232h; 34 CFR Part 98) applies to programs that receive
funding from the U.S. Department of Education (ED). PPRA is
intended to protect the rights of parents and students in two
ways. It seeks to ensure that schools and contractors make
instructional materials available for inspection by parents if
those materials will be used in connection with an ED-
funded survey, analysis, or evaluation in which their children
participate; and it seeks to ensure that schools and
contractors obtain written parental consent before minor
students are required to participate in any ED-funded
survey, analysis, or evaluation that reveals information
concerning political affiliations; mental and psychological
problems potentially embarrassing to the student and
his/her family; sex behavior and attitudes, illegal, anti-social,
self- incriminating and demeaning behavior; critical
appraisals of other individuals with whom respondents have
close family relationships; legally recognized privileged or
analogous relationships, such as those of lawyers, physician,
and ministers; or income (other than that required by law to
determine eligibility for participation in a program or for
receiving financial assistance under such program)
(U.S. Department of Education, 2005).
No Child Left Behind 2001 The No Child Left Behind Act called for schools to be accountable
for academic performance of all students whether or not they had
disabilities. This act requires schools in every state to develop
routine assessments of students’ academic skills. Schools are
allowed to come up with their own criteria for evaluation, and
they do not have to meet a national standard. If a school does not
meet the academic, social or emotional needs of a student, that
student is protected by No Child Left Behind to seek out
alternative options for their education. The purpose behind NCLB
is to give students the best possible education by providing well-
prepared teachers, safe classrooms and adequate and achievable
educational goals (Masters in Special education Program Guide,
2019). As mandated by the law, school districts assume
responsibility for ensuring that all its students reach 100 percent
student proficiency levels within 12 years on tests assessing
important academic content (Pearson Education, 2016).
FERPA Family Educational
Rights and Privacy Act
1974 For any school that receives funds under an applicable program of
the U.S Department of Education, the Family Educational Rights
and Privacy Act of 1974 (FERPA) requires that they protect the
privacy of student education records. FERPA protection goes into
effect to students on the first day of classes of the first term of
enrollment. FERPA does not apply to records of applicants for
admission who are denied acceptance or, if accepted, do not
attend an institution. For parents, FERPA gives parents certain
rights in regard to their children’s educational records. This means
that the parents can view records as well as request revisions if
they believe that the records are inaccurate. In order for the
school to release any of that child’s information, they must first
have written permission from the parent or guardian allowing
them to do so. There is information that the school is allowed to
disclose without the consent, and this includes information such
as a student’s name, address, telephone number, date and place
of birth, honors and awards and dates of attendance. This is
acceptable so long as the parent or guardian is made aware of the
transfer of information (U.S. Department of Education, 2018).
Americans with Disabilities
Act
1990 The Americans with Disabilities Act (ADA) gives civil rights
protections to individuals with disabilities that are like those
provided to individuals on the basis of race, sex, national origin,
and religion. It guarantees equal opportunity for individuals with
disabilities in employment, public accommodations,
transportation, State and local government services, and
telecommunications. Individuals protected under the ADA are
entitled to equal employment, public services: state and local
government, public accommodations and services operated by
private entities, telecommunications and miscellaneous
provisions. This act ensures equal treatment and opportunities for
disabled individuals among nondisabled individuals. The purpose
of the law is to make sure that people with disabilities have the
same rights and opportunities as everyone else. The ADA is
divided into five titles (or sections) that relate to different areas of
public life. (ADA
National Network, 2019).
References
ADA National Network. (2019). An overview of the americans with disabilities act. Retrieved
from https://adata.org/factsheet/ADA-overview
Duncan, A. & Russlynn, A. (2010). Free appropriate public education for students with disabilities.
Requirements Under Section 504 of The Rehabilitation Act of 1973. Retrieved
from https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html
Govtrack. (2004). S. 6 (94th): Education for all handicapped children act. Public Law 94-142 (PDF File).
Retrieved from https://www.govinfo.gov/content/pkg/STATUTE-89/pdf/STATUTE-89-Pg773.pdf
Masters in Special Education Program Guide. (2019). 5 Important special education laws. Retrieved
from https://www.masters-in-special-education.com/lists/5-important-special-education-laws/
Pearson Education. (2016). The purpose of no child left behind. Retrieved from
http://wps.prenhall.com/chet_resources_myedlab_1/93/23851/6106081.cw/content/index.htm
l
Special Education Rights and Responsibilities. (2019). Information on least restrictive environment. (PDF
File). Retrieved from https://www.disabilityrightsca.org/system/files?file=file-
attachments/504001Ch07.pdf. Chapter 7.
U.S. Department of Education. (2005). Laws and guidance. Protection of pupil rights amendment (ppra).
Retrieved from https://www2.ed.gov/policy//gen/guid/fpco/ppra/index.html
U.S. Department of Education. (2007). My child’s special needs. A Guide to the Individualized Education
Program. Retrieved from https://www2.ed.gov/parents/needs/speced/iepguide/index.html
U.S. Department of Education. (2018). Laws and guidance. Family educational rights and privacy act
(ferpa). Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
U.S. Department of Justice. (2009). A guide to disability rights laws. Retrieved from
https://www.ada.gov/cguide.htm#anchor65610
Every Student success act 2015 Reauthorizes ESEA. States must submit
accountability plans; pick their own goals, a big long-
term goal and smaller interim goals; and incorporate
a minimum of four indicators— three academic and
one other area the state finds important
—into their accountability system. States have to
identify and intervene in the bottom five performing
schools, high schools with a 67% graduation rate or
less, and any schools where subgroups of students
are struggling. ESSA also moves accountability for
English language learners into the same category as
everyone else, from Title III to Title I. Another huge
provision is states no longer evaluating teachers on
student outcomes.
