Individuals with Disabilities Education Act

Individuals with Disabilities Education Act
U.S. Government · Public domain · source
Shorttitle	Individuals with Disabilities Education Act
Enactedby	United States Congress
Citations	Public Law 94-142
Effective	November 29, 1975
Admincode	20 U.S.C. § 1400 et seq.

Individuals with Disabilities Education Act is a federal law in the United States that governs the education of children with disabilities and is administered by the United States Department of Education. The law was first enacted in 1975 by the 94th United States Congress and has been amended several times, with significant changes made by the Education for All Handicapped Children Act and the No Child Left Behind Act. The law has been influenced by various court cases, including Board of Education v. Rowley and Honig v. Doe, and has been shaped by the work of organizations such as the National Disability Rights Network and the Council for Exceptional Children. Key figures, including Senator Tom Harkin and Senator Ted Kennedy, have played important roles in the development and amendment of the law.

Introduction

The Individuals with Disabilities Education Act is a comprehensive law that ensures children with disabilities have access to a free appropriate public education (FAPE) in the United States. The law is based on the principles of least restrictive environment and individualized education program (IEP), which are designed to provide children with disabilities with an education that is tailored to their unique needs. The law has been influenced by the work of prominent educators, including Jean-Marc-Gaspard Itard and Ovide Decroly, and has been shaped by the experiences of individuals with disabilities, such as Helen Keller and Franklin D. Roosevelt. Organizations, including the National Association of State Directors of Special Education and the Council of Administrators of Special Education, have also played important roles in the development and implementation of the law.

History

The history of the Individuals with Disabilities Education Act dates back to the 1960s and 1970s, when parents and advocates, including Justin Dart Jr. and Judith Heumann, began to push for greater access to education for children with disabilities. The law was first enacted in 1975, with the passage of the Education for All Handicapped Children Act, which was signed into law by President Gerald Ford. The law has been amended several times, including in 1990, when it was renamed the Individuals with Disabilities Education Act, and in 2004, when the No Child Left Behind Act was passed. The law has been influenced by various court cases, including Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania and Mills v. Board of Education of the District of Columbia, and has been shaped by the work of organizations, including the National Organization on Disability and the Disability Rights Education and Defense Fund.

Provisions

The Individuals with Disabilities Education Act includes several key provisions, including the requirement that children with disabilities be provided with a FAPE, and that their education be tailored to their unique needs through the development of an IEP. The law also requires that children with disabilities be educated in the least restrictive environment, which means that they should be educated alongside their non-disabled peers to the greatest extent possible. The law has been influenced by the work of prominent educators, including Lev Vygotsky and Urie Bronfenbrenner, and has been shaped by the experiences of individuals with disabilities, such as Stephen Hawking and Christopher Reeve. Organizations, including the National Center for Learning Disabilities and the Learning Disabilities Association of America, have also played important roles in the development and implementation of the law.

Eligibility

To be eligible for services under the Individuals with Disabilities Education Act, a child must have a disability that falls into one of the categories listed in the law, such as autism, cerebral palsy, or specific learning disability. The law also requires that the child's disability must have an adverse effect on their educational performance, and that they must require special education and related services to benefit from their education. The eligibility process typically involves a comprehensive evaluation, which may include assessments by a psychologist, speech-language pathologist, and occupational therapist. The law has been influenced by the work of prominent researchers, including Eric Erikson and Jean Piaget, and has been shaped by the experiences of individuals with disabilities, such as Temple Grandin and Daniel Tammet.

Implementation

The implementation of the Individuals with Disabilities Education Act is typically the responsibility of the state education agency and the local education agency. The law requires that each state develop a plan for implementing the law, which must include procedures for identifying and evaluating children with disabilities, developing IEPs, and providing special education and related services. The law also requires that parents be involved in the development of their child's IEP, and that they be provided with notice and consent opportunities throughout the special education process. Organizations, including the National Association of School Psychologists and the American Occupational Therapy Association, have played important roles in the implementation of the law.

Amendments

The Individuals with Disabilities Education Act has been amended several times since its enactment in 1975. The most significant amendments were made in 1990, when the law was renamed and several new provisions were added, including the requirement that children with disabilities be provided with a FAPE and that their education be tailored to their unique needs. The law was also amended in 2004, when the No Child Left Behind Act was passed, which added new requirements for the education of children with disabilities, including the requirement that special education teachers be highly qualified. The law has been influenced by the work of prominent policymakers, including Senator Tom Harkin and Senator Ted Kennedy, and has been shaped by the experiences of individuals with disabilities, such as Helen Keller and Franklin D. Roosevelt. Organizations, including the National Disability Rights Network and the Council for Exceptional Children, have also played important roles in the amendment of the law. Category:United States federal education legislation