There are several million exceptional children in the United States today. These children need 'special' educational and related services in order to gain their full potential. The term 'Special' is used as a general description for educational services appropriate for the individual needs of exceptional students. These children have: physical, mental, or emotional impairments, or they are gifted with abilities beyond the level of their peers which do not allow them to easily fit into the "normal" school environment. They have needs that require a little extra help or distinctive accommodations to succeed. 

Today, Special Education is a service offered by all states to meet the individual needs of exceptional students that is mandated and protected by federal law. It is important for parents of exceptional children to learn the principles of special education and understand those laws, which ensure the quality of education appropriate to their child's needs. 

History

Before the Revolutionary War, the best that was offered to disabled children was protective care in asylums. These asylums were horrible places and made little effort to help these children develop their physical, intellectual, and social skills. Following the American Revolution, the ideals of democracy and the development of human potential swept the nation. By the early 1800s, procedures were devised for teaching the blind and deaf. Yet, the legal system mirrored society's judgment that the best policy toward the handicapped was "out of sight, out of mind." (Sadker, 77) The courts ignored the rights of exceptional children and determined that education was a privilege not a right; they ruled that handicapped children should be excluded from schools. 

The notion here was that the majority of children needed to be protected from the handicapped: from the disruptions they might cause, from the excessive demands they might make, and from the discomfort their presence in the classrooms might cause (Sadker 77).

This notion or concept prevailed for well over a century. In the not-so-distant past, American schools practiced two kinds of discrimination related to students with disabilities. First, the school systems excluded most students with disabilities from participating in public schools. If they admitted the students to school, they did not provide them with an effective or appropriate education. Second, they often classified students as having disabilities when in fact those students did not have disabilities or had minor learning problems. In addition, as part of the classification discrimination, schools sometimes labeled students with the wrong disability (Turnbull, 50).

Beginning in the early 1970's, advocates for exceptional students began to sue state agencies claiming that the exclusion and classification practices violated the student's rights to an equal education opportunity under the federal constitution. Relying on the Supreme Court's decision in the race-desegregation case Brown vs. Board of Education, 1954, advocates argued that Brown held that schools not segregate by race. Therefore, schools may not segregate or discriminate by ability and disability.

These arguments proved successful. In 1972, two federal courts ordered school authorities in the state of Pennsylvania and the District of Columbia (Wash, DC) to provide a free appropriate public education to all students with disabilities. The courts also ordered schools to educate students with disabilities in the same schools and programs as non-disabled students. School authorities were also charged to incorporate procedural safeguards so that students could challenge schools that did not live up to the courts' orders (Turnbull). A major victory had been won by the advocates of disabled students and an important legal precedent has been set!

The Law

By 1975, student advocates had lobbied Congress for a federal law and monies that would guarantee the student's rights to an education and fund the special services that the students would need. Congress enacted a new law, the Education of All Handicapped Children's Act of 1975, known as Public Law 94-142. That law is now called the Individuals with Disabilities Education Act (IDEA) - Amended in 1997. To guarantee students a free appropriate public education (FAPE). IDEA provides federal funds to state and local education agencies, however, these agencies must agree to comply with the federal standards (governed by law) or else they will not receive the money. 

IDEA defines "special education" as specially designed instruction to meet the unique needs of a student with a disability. The instruction is free to the student, provided in various settings, and includes related services (ex: physical, occupational, & speech therapies).

Within IDEA, Congress put into place a comprehensive system for educating students with disabilities and established six principles governing their education.

• Zero Reject
  All Students Must Be Enrolled (no student may be excluded from FAPE)
    

• Nondiscriminatory Evaluation
  A rule requiring schools to evaluate students fairly to determine if they have a disability and, if so, whether the student needs special education and related services.
    

• Appropriate Education
  Schools are required to provide individually tailored education for each student based on the evaluation and augmented by related or supplementary services.
    

• Least Restrictive Environment
  Schools are required to educate disabled students with non-disabled students to the maximum extent possible.
    

• Procedural Due Process
  A rule providing safeguards for students against schools' actions, including the right to sue in court.
     

• Parental and Student Participation
  Schools are required to collaborate with parents and adolescent students in designing and carrying out special education programs.

So far, we have been discussing students without age clarification. What about children born with a disability, at-risk for developmental delays, or approaching adulthood? Congress addressed those concerns with Part H and Part B of IDEA. 

Part H: Provides funding for early intervention for infants and toddlers and their families. These children are diagnosed with a disability or identified as being at-risk.

Part B: Authorizes early childhood special education (ages 3-6), special education for school age students (6-18), and transition services for older students (16-21). 

There are significant differences between Part B and Part H which are highlighted below:

• Zero Reject: Part B requires it -- Part H does not.  Under Part B, the states must serve all children with disabilities. Under Part H, a state may decide which infants and toddlers to serve: all or some who have developmental delays, or,  all or some whose condition will probably result in a developmental delay (including those who are at risk of having developmental delays if they do not receive early intervention services).
    

• Nondiscriminatory Evaluation: Parts B and H both require it.
    

• Appropriate Education: Parts B and H both require it. Part B targets students with disabilities; only through some of the related services do their families benefit from any services from the schools. By contrast, Part H targets both the children and the families and offers fourteen different services in five different areas of development.
    

• Least Restrictive Environment: Parts B and H both require it.
    

• Procedural Due Process: Parts B and H provide for it, but Part H explicitly encourages the states to also create mediation procedures.
    

• Parent Participation: Both Part B and Part H require it.

IDEA's zero reject principle is a sound measure for ensuring nondiscrimination due to a disability within a school setting but does very little to change student's lives outside of school. A broad  zero reject principle was needed for disabled people of any age and in any public setting. However, it wasn't until 1990 that congress enacted such a law, the Americans with Disabilities Act (ADA).

Basically, ADA is a civil rights law for people with disabilities. Just as civil rights laws prohibit discrimination against people because of race or gender, so ADA prohibits discrimination because of disability. It prohibits them from being discriminated against solely because of their disability, if, in spite of their disability, they can participate in certain aspects of American life with help.

IDEA and ADA differ in several important respects:

• IDEA benefits only people with disabilities who are between certain ages, (birth-21). By contrast, ADA benefits all people with disabilities without regard to age.
    

• IDEA benefits people only in the schools. ADA benefits people in employment and a wide range of public and private services (not just education).
    

• IDEA provides money to state and local education agencies to help educate students with disabilities, and through the six principles it gives the students certain rights to specified kinds of special education services. By contrast, ADA prohibits discrimination but does not provide money to help anyone comply with it.

Nevertheless, IDEA and ADA go hand-in-hand. IDEA helps state and local education agencies create services to educate students with disabilities/exceptionalities, and ADA protects students (who acquire their skills through schooling) against discrimination when they are not in school. Basically, IDEA trains and ADA makes sure that the training can be put to use. (Turnbull, 51-55).

The law discussed here is the major mandate for special education, however, there are many more Acts of Congress, as well as, other regulations and amendments which govern education and the rights of the disabled. The full discussion of all of these laws is beyond the scope of this website. Please refer to the links below for further information. 

IEP

Now, the cornerstone of the Special Education system is the specific approach termed as the Individualized Education Program/Plan (IEP). The law states that an IEP should be written for every child who receives special education services. The IEP must include a statement of the student's current performance as well as the long-term (annual) goals with short-term objectives. The IEP must describe the methods of evaluation that will be used to monitor the child's progress and to determine if the goals and objectives have been met (Sadker, 79).

I cannot stress enough the importance of a parent's understanding of the IEP process and procedures. A normal student is sent to school and the education system determines the type and frequency of each subject content that student receives. However, an exceptional student has different needs which do not necessarily follow the norm -- Hence, the exceptional student's education plan must be tailored to their unique needs. Who better to understand those needs other than the parent/guardian? No One!

Therefore, the parent/guardian becomes a vital element and advocate for their child's successful education. Each parent/guardian must take the time to understand their rights & their child's rights under the law. Yes, reading the text of IDEA is a daunting and boring task. Fortunately, you won't need to do the heavy reading unless you really need to advocate for your child. The first step to understanding the IEP is simple, thanks to Appendix A of IDEA. 

Appendix A discusses requirements for IEPs, IEP meetings and teams, the parental role, transition, and other important issues. (An Appendix to the Regulations has the same power as the regulation). The Appendix A is formatted as questions and answers about IEPs. With this “Q & A” format, Appendix A is similar to "Frequently Asked Questions" (FAQs) on websites. The questions are clear. In some cases, the answers are less clear. 

These answers are based on federal law, not state regulations nor state standards or practices, which may differ. State regulations may not take away rights from children with disabilities, but may provide more rights. State regulations must be consistent with federal regulations. Therefore, by reading the guidelines outlined in Appendix A, you will gain considerable understanding of the IEP process regardless of the state you live in. To help you zero in on the important key concepts and requirements of the IEP, I have put together an IEP Quiz/Tutorial. You may be surprised by just how much you already know, or how much you don't.

IEP Quiz/Tutorial

Legal Documents

Individuals with Disabilities Education Act (IDEA 1997)

Appendix A of IDEA

American's with Disabilities Act (1990) -  Public Law 101-336

PDF files require Acrobat Reader©

Links

ADA Home Page - Official website of the Americans with Disabilities Act

Eric Clearinghouse on Disabilities and Gifted Education - ERIC EC gathers and disseminates the professional literature, information, and resources on the education and development of individuals of all ages who have disabilities and/or who are gifted.

Council for Exceptional Children - The Council for Exceptional Children (CEC) is the largest international professional organization dedicated to improving educational outcomes for individuals with exceptionalities, students with disabilities, and/or the gifted. 

IDEA Practices - Serves Administrators, Family / Advocates, Policy Makers, Service Providers

National Parent Information Network: Virtual Library - Our mission at the National Parent Information Network is to provide easy access to research-based information on family involvement in education and other topics that are important to parents. Many parents struggle with finding the best educational resources for their child, particularly if the child has been diagnosed with a learning disability or learning difference. 

Office for Civil Rights: US Department of Education - Ensuring equal access to education and promoting educational excellence throughout the nation through vigorous enforcement of civil rights.

Office of Special Education Programs - OSEP is dedicated to improving results for infants, toddlers, children and youth with disabilities ages birth through 21. These programs are intended to ensure that the rights of infants, toddlers, children, and youth with disabilities and their parents are protected.

Wrightslaw - Parents, advocates, educators, and attorneys come to Wrightslaw for accurate, up-to-date information about special education law and advocacy for children with disabilities. 
Links to hundreds of special education law and advocacy articles, newsletters, cases, and practical guidance for parents, advocates, and attorneys. Wrightslaw is the most comprehensive special education advocacy site on the Internet

Yes I Can! Foundation for Exceptional Children - designs and implements programs that help improve the quality of life for children and youth with disabilities and/or gifts and talents. Through our exciting programs, we help hundreds of children with special needs attain their greatest potential every year. 

References

Sadker, Myra. (1994) Teachers, Schools, and Society. [3rd ed]. New York: McGraw-Hill 

Turnbull, Ann P, [et al.] (1995) Exceptional Lives: Special education in today's schools. Englewood Cliffs, NJ: Prentice-Hall