Importance of Legal Bases in Special Education

Between 1971 and 1973, two cases occurred that were essential to pave the way for equitable education for all children. In both cases, it was established that the United States Constitution guaranteed children with special needs the right to free and adequate education, regardless of their disability. It was the verdicts of these two cases that led to the introduction of the Education for All Children with Disabilities Act (EAHCP). IDEA can be divided into key components. The idea behind the law was to ensure that parents have the right to contribute to their child`s education and that every child receives a free and adequate education. The concepts described in IDEA are as follows. In 1966, the Bureau for the Education of the Disabled was established to provide a kind of educational initiative for children with special needs. This was a very limited attempt, and there was no need for school districts to join. In 1970, with the enactment of the Education of Persons with Disabilities (EHA) Act, another attempt was made to provide children with additional needs with differentiated education. The student`s educational strategy must be written and must include an assessment and description of the current school situation, measurable goals and objectives, designation and placement of an educational environment, and transition services for children 16 years of age and older.

An IEP gives parents the right to challenge issues with the school district through a neutral third party. It was passed by Congress in 1975 and was the first special education law for students with physical and mental disabilities. The law stipulates that public schools must provide children with special needs with the same educational opportunities as other children. It also required that every public school that received federal funding provide these children with one free meal a day. In 2001, the Elementary and Secondary Education Act, commonly known as the No Neglected Children Act, required schools to be accountable for the academic performance of all students, whether or not they have a disability. The law requires schools in each state to develop routine assessments of students` academic abilities. While not requiring these ratings to meet a national standard, the law requires each state to develop its own evaluation criteria. No Child Left Behind provides incentives to schools to demonstrate their progress with students with special needs. It also allows students to seek alternative options if schools are not meeting their academic, social or emotional needs.

Students with disabilities and special needs may require planned and consistently taught teaching techniques individually. When IDEA was launched, special education laws added the requirement that free and adequate education be provided “in the least restrictive environment possible.” This meant that if there was a way to provide support that would allow a child with a documented disability to attend classes with the general population, it had to be provided by the school district. This was great news for families of children with disabilities. Many of them were integrated into the general population as much as possible with assistance such as sign language teachers, physical accommodations, curriculum changes and other forms of assistance. Special educational programs help individuals develop not only their academic skills, but also the personal skills that help them become self-reliant members of the community. * Schools must inform parents if they feel that a child needs extra help or cannot function properly in a regular classroom. The child cannot simply be transferred to another type of educational institution without such notification to the parents. * There is a provision that states that the placement of a child must remain as is until the process is completed. This means that if the school considers that the student, as a student with a disability, is no longer eligible for special education services, it must begin the parental notification stage and follow the process before reintegrating into the general population or withdrawing special assistance. Special education programmes became compulsory in 1975 to prevent discrimination against persons with disabilities by public educational institutions.

The National Center for Education Statistics reported that in 2013, about 13 percent of all public school students received special education services. The Education of Persons with Disabilities Act (IDEA) was established in 1990 and is an amendment to the Education of All Disabled Children Act. This law ensures that students with special needs receive adequate free public education in the least restrictive environment necessary to meet the needs of those students. It helps students get the extra support they need, but allows them to participate in the same activities as children without special needs whenever possible. IDEA states that parents and teachers of children eligible for special education must develop an individualized education program (IEP) that helps establish specific education for a child`s explicit needs. This requires caregivers to first meet to determine a child`s eligibility for an IEP and meet annually to develop and evaluate the education plan. Turnbull, A. P., Turnbull, H. R., Shank, M., & Leal, D. (1995). The Extraordinary Life: Special Education in Today`s Schools.

Upper Saddle River, NJ: Merrill/Prentice Hall. The year 1990 brought a major change in the way children with special educational needs should be taught. The Education of Persons with Disabilities Act (IDEA) was born. With the passage of this legislation, children with special needs have had a much better chance of reaching their full potential in the classroom. Special education services have come a long way since the first attempts to develop and codify laws to ensure that all students receive an adequate education. Children who have needs that require additional support or a different type of pedagogical approach are more likely to receive support. Often, these needs can be met in a regular classroom that allows the child to be part of the daily life of the school with his peers. So much progress has been made in the field of special education over the past thirty years that it is exciting to think about what the next thirty years will bring. *Parents have the right to keep their own evaluator if they wish.

While the school is conducting these assessments, it is up to parents to decide whether they feel comfortable relying solely on the school evaluator or choosing their own to do an additional assessment that will be considered by the team assessing the child, which typically includes at least the following: the parent, a regular teacher, a special education teacher, school administrator, school psychologist and any other member who has assessment data, such as an occupational therapist. The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 prohibit discrimination on the basis of disability in schools. This applies to colleges and universities as well as elementary, middle and secondary schools. Many students with special needs study at the post-secondary level, but the laws are slightly different for post-secondary institutions. The law does not require post-secondary schools to provide students with free and adequate public education, but it does require schools to provide appropriate academic accommodations and accessible housing for students with disabilities. Between 1975 and 1990, the training of specialist teachers began to gain momentum. These teachers have been trained to deal with students with various disabilities. Until the introduction of IDEA, many special education classes combined children with hearing and vision or mobility problems into the same classes as those with learning difficulties. Children who had behavioral or emotional problems were also placed in these classes. Many children had not received adequate education because their individual needs were not being met.

Special education laws and educational practices to support children with special educational needs continue to be evaluated to see how we can promote growth as much as possible. Children and families have more rights to education than ever before, and schools continue to improve their understanding of how best to educate all children. Yell, M. L. (1998). Law and special education. Upper Saddle River, NJ: Merrill/Prentice Hall. * Students are assessed for eligibility for special education services at least every three years. * Any child deemed eligible to receive special educational services must have an Individual Education Plan (IEP). This is a list of the child`s needs and how those needs are met. When it came into effect in 1975, the CASSP allowed the federal government to provide funding to establish special needs programs in public schools.

This is a significant improvement over previous attempts. More students with special needs were identified, but there was still uncertainty about educational practices that would encourage growth so that these students could work as independently as possible.