History and Laws of Special Education Term Paper

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¶ … history of special education and the laws associated with the Individuals With Disabilities Education Act (IDEA). We will discuss current and future challenges the act has had in the past, is having now, and will probably have in the future on the area of special education.

History of IDEA

The Individuals with Disabilities Education Act (IDEA) is a American federal law that governs how that states and public agencies are able to provide early special education, interventions and other such related services to children with disabilities. The IDEA fits into the category of "spending clause" legislation. In this vein, it only applies to those States and local educational agencies that accept federal funding under the act. The IDEA Act rose from the family of federal case law that holds that the deprivation of a free public education to disabled children is a deprivation of due process. IDEA has grown in form and scope over the years. The act has been amended and reauthorized frequently. This was done most recently in December 2004. It contained several significant amendments. Its terms have also been defined by the regulations of the United States Department of Education ("History twenty-five years," 2011).

In its definition of the purpose of special education, the IDEA 2004 clarifies the Congress' intended outcome for each adolescent with a disability. The school districts must provide students with special needs be a Free Appropriate Public Education (FAPE). Such access to education prepares the student for further education, independent living and future successful employment possibilities.

Additionally, PL 94-142. Also, the act assures that the rights of youths with disabilities and their parents are protected, to provide assistance to States and localities in order to provide for educating children with disabilities and also to assess and facilitate the effectiveness of measures to educate children with disabilities ("History twenty-five years," 2011).

Current Status and Future Prospects for the IDEA Act

Just because a student may be eligible for help under the act, they need to qualify to receive the aid for children with special needs. In order for a child to be eligible for special education services, they must have a disability and also must need special education services and/or related educational services. If a child has a learning disability that does not require special education services, that child is not eligible for special education assistance under IDEA. However, they may be eligible for protections under the Rehabilitation Act in Section 504 ("Eligibility, " 2011).

The renewal of the act is confusing to say the least and confuses everyone from parents to attorneys and also educators. This makes for a very litigious environment for the act and is likely that many of these issues will either… [end of preview; READ MORE]

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History and Laws of Special Education.  (2012, February 12).  Retrieved January 22, 2020, from https://www.essaytown.com/subjects/paper/history-laws-special-education/761702

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"History and Laws of Special Education."  Essaytown.com.  February 12, 2012.  Accessed January 22, 2020.