Cynthia Simpson - Effective Inclusion Strategies for Elementary Teachers: Reach and Teach Every Child in Your Classroom

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Overview of Educational Laws That Affect Inclusive Classrooms

All teachers should possess a basic understanding of the laws that impact students with disabilities in inclusive classrooms. This chapter provides an overview of The Individuals with Disabilities Education Act (2004), No Child Left Behind Act (2001), and two civil rights laws, (Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act [1990]). illustrates the major laws applying to special education eligibility.

. Major laws applying to special education eligibility. From School Success for Kids With Emotional and Behavioral Disorders (p. 158) by M. R. Davis, V. P. Culotta, E. A. Levine, and E. H. Rice, 2011, Waco, TX: Prufrock Press. Copyright 2011 Prufrock Press. Reprinted with permission.

HISTORICAL OVERVIEW

Since the late 1950s, the federal government has been involved in the education of students with disabilities. Some of the early laws included the Education of Mentally Retarded Children Act of 1958 and the Training of Professional Personnel Act of 1959. In 1965, President Lyndon Johnson signed into law the Elementary and Secondary Education Act (ESEA). This law was the first in which states received federal funding to assist in educating a certain group of students. The purpose of ESEA was to provide federal money to states to improve educational opportunities for children who were disadvantaged, including students with disabilities who attended state schools for the deaf, blind, and intellectually disabled (Yell, 2006).

On November 29, 1975, President Gerald Ford signed into law the Education for All Handicapped Children Act (EAHCA). This act is popularly known as P.L. 94-142 and was the first law that guaranteed students with disabilities a right to a free and appropriate public education (FAPE; Smith, 2001). Prior to 1975, students with disabilities had little to no access to educational opportunities. In fact, many students with disabilities were completely excluded from public schools, and those that attended public schools did not receive an appropriate education to meet their needs. The passage of P.L. 94-142 opened the doors of schools for students with disabilities (Bowen & Rude, 2006).

P.L. 94-142 has been amended several times since being enacted in 1975. In 1990, P.L. 94-142 was renamed the Individuals with Disabilities Education Act (IDEA). This amendment added two disability categories, autism and traumatic brain injury, and substituted the word disability for handicap throughout the law. The law also emphasized the use of person-first language. For example, the law uses student with a disability rather than disabled student, putting the person before the disability (Yell, 2006). In 1997, Congress once again amended IDEA. One of the hallmarks of the 1997 reauthorization was a specific focus on accountability and assessment practices (Sack-Min, 2007). In particular, the reauthorization of 1997 mandated that schools demonstrate measurable improvements in the educational achievements of students with disabilities (Yell, 2006). Also added was the area of transition. Starting at age 14, all students with disabilities must be involved in planning for after high school. Parents and the student, along with the special education teacher, are involved in this process.

The most recent amendment of P.L. 94-142 occurred in 2004 when George W. Bush signed the Individuals with Disabilities Education Improvement Act (IDEA, 2004) into law. The changes in IDEA 2004 were substantial: there were changes in the Individualized Education Program (IEP), discipline, and identification of students with learning disabilities (Yell, 2006). IDEA 2004 was also the first time that the education of students with disabilities would be held to the same high standards as their nondisabled peers (Sack-Min, 2007). Theres no longer any debate over whether students with disabilities should have access to a classroom. Now IDEAs focus has shifted from access to accountability to ensuring that students with disabilities receive a quality education and show academic progress (Sack-Min, 2007, p. 2).

Following are important principles for school districts to understand and comply with to ensure that they meet the requirements of IDEA and provide educational benefit for students with disabilities (Yell, Ryan, Rozalski, & Katsiyannis, 2009):

Principle 1: Ensure that parents are meaningfully involved in the development of their childrens special education program.