Important Legislative Acts
Special education means specially designed instruction that meets the unique need of an exceptional student.
SDI (Specially Designed Instruction) could take many forms, including:
– 1. Special materials
– 2. Specialized teaching techniques
– 3. Specialized equipment and/or facilities
– 4. Related services
Section 504 of the Rehabilitation Act of 1973
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications. An individual is considered disabled under 504 if they have a physical or mental impairment that substantially limits a major life activity compared to how a non-disabled person would do it.
Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to meet the child's unique needs and provides the child with educational benefit. Under Section 504, denying a disabled student a free appropriate public education constitutes disability discrimination. Although Section 504 requires that schools not discriminate based on student's disability and must provide appropriate accommodations, schools do not receive additional funding to provide support services or auxiliary aids.
PL 94-142 — Education for All Handicapped Children Act (1975)
This law was passed in 1975 and enacted in 1977. There are five elements to the law.
1. FAPE (Free and Appropriate Education): Guarantees access to education for all children until the age of 22. Special Education must be free and provided at no cost to the parents.
2. LRE (Least Restrictive Environment): To the maximum extent appropriate, all children and youth with disabilities will be educated in the least restrictive education (LRE) environment. This chart shows the continuum of placement options ranging from the general education classroom to residential facilities.
3. IEP (Individualized Education Program): An IEP should be developed for each child eligible for special education and related services and the plan should be based on a multidisciplinary assessment and include a statement of specific special education and related services to be provided to the child.
4. Non-discriminatory assessment: Assessment not culturally discriminatory and students can be tested in their non dominant language.
5. Due Process: Gives parents the rights to participate in decisions related to the identification, evaluation and placement of their child.
IDEA (Individuals with Disabilities Education Act)
In 1990 EHA was amended and renamed Individuals with Disabilities Education Act. Some important changes in the legislation included adding the disability categories autism and traumatic brain injury, requiring bilingual programs for students with disabilities, and changing the language to a people first approach. Subsequently, IDEA was reauthorized in 1997. In 2004 IDEA was reauthorized and renamed Individuals with Disabilities Education Improvement Act (IDEIA) and this legislation brings special education into line with NCLB legislation and made changes in the definition of Learning Disabilities.
For more information on IDEA see the following websites:
http://www.nichcy.org/Laws/IDEA/Pages/Default.aspx
http://idea.ed.gov
http://www.maine.gov/education/speced/cds/partb_partc.html
4. Non-discriminatory assessment: Assessment not culturally discriminatory and students can be tested in their non dominant language.
5. Due Process: Gives parents the rights to participate in decisions related to the identification, evaluation and placement of their child.
IDEA (Individuals with Disabilities Education Act)
In 1990 EHA was amended and renamed Individuals with Disabilities Education Act. Some important changes in the legislation included adding the disability categories autism and traumatic brain injury, requiring bilingual programs for students with disabilities, and changing the language to a people first approach. Subsequently, IDEA was reauthorized in 1997. In 2004 IDEA was reauthorized and renamed Individuals with Disabilities Education Improvement Act (IDEIA) and this legislation brings special education into line with NCLB legislation and made changes in the definition of Learning Disabilities.
For more information on IDEA see the following websites:
http://www.nichcy.org/Laws/IDEA/Pages/Default.aspx
http://idea.ed.gov
http://www.maine.gov/education/speced/cds/partb_partc.html