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Special education in the United States
WIKIPEDIA | 2014-05-22 16:51
Special education programs in the United States were made mandatory in 1975 when the United States Congress passed the Education for All Handicapped Children Act (EHA) in response to discriminatory treatment by public educational agencies against students with disabilities. The EHA was later modified to strengthen protections to people with disabilities and renamed the Individuals with Disabilities Education Act (IDEA). The federal laws require states to provide special education consistent with federal standards as a condition of receiving federal funds.
IDEA entitles every student to a free and appropriate public education (FAPE) in the least restrictive environment (LRE). To ensure a FAPE, a team of professionals from the local educational agency meet with the student's parents to identify the student's unique educational needs, to develop annual goals for the student, and to determine the placement, program modification, testing accommodations, counseling, and other special services that the student needs. Parents become part of the multidisciplinary team, along with the local educational agency professionals, and collaborate with team members to make decisions on educational placement. These choices are recorded in a written Individualized Education Program (IEP). The school is required to develop and implement an IEP that meets the standards of federal and state educational agencies. Parents have the option of refusing Special Education services for their child.
Under IDEA, students with disabilities are entitled to receive special educational services through their local school district from age 3 to age 18 or 21. To receive special education services, a student must demonstrate a disability in one of 13 specific categories, including autism, developmental disability, specific learning disability, intellectual impairment, emotional and/or behavioral disability, intellectual disability, speech and language disability, deaf-blind, visual impairment, hearing impairment, orthopedic or physical impairment, other health impaired(including attention deficit disorder), multiple disabilities and traumatic brain injury. Depending on the students' individual needs, they may be included, mainstreamed, or placed in a special school, and/or may receive many specialized services in a resource room or self-contained classroom. In addition to academic goals, the goals documented in the IEP may address self-care, social skills, physical, speech, and vocational training. The program placement is an integral part of the process, and typically takes place during the IEP meeting.
Related services
Special education related services include speech and language therapy, occupational therapy and physical therapy. Services can be rendered in individual or small group sessions, in the general education classroom or simply as a consult between the service provider and other team members. Each related service provider on the team must include goals in the IEP as well as specific time allocated to the student.
Implementation through cooperative federalism
Special education programs at the district level are structured upon a cooperative federalism model and therefore governed by both state and federal law. The Court explains:
IDEA is frequently described as a model of cooperative federalism. Little Rock School Dist. v. Mauney, 183 F. 3d 816, 830 (CA8 1999). It leaves to the States the primary responsibility for developing and executing educational programs for handicapped children, [but] imposes significant requirements to be followed in the discharge of that responsibility. Board of Ed. of Hendrick Hudson Central School Dist., Westchester Cty. v. Rowley, 458 U. S. 176, 183 (1982). For example, the Act mandates cooperation and reporting between state and federal educational authorities. Participating States must certify to the Secretary of Education that they have policies and procedures that will effectively meet the Act’s conditions. State educational agencies, in turn, must ensure that local schools and teachers are meeting the State’s educational standards. Local educational agencies (school boards or other administrative bodies) can receive IDEA funds only if they certify to a state educational agency that they are acting in accordance with the State’s policies and procedures.
Disputes over the application of the law begin at the local school district and travel through an administrative law process that is subject to judicial review. Furthermore, aspects of special education law rest on evolving civil rights jurisprudence.
Transition Services for Students in Special Education
The Individuals with Disabilities Education Act of 2004 addresses regulations regarding transition services for children with disabilities. Transition services are designed to focus on improving academic and functional achievement of the child, is based on the individual’s needs, and provides instruction and experiences vital for employment and independent living. The goal of transitional services is to prepare students with disabilities for adult living and may provide instruction in functional living skills, social and community skills, work skills and self-advocacy skills. In most states, these services can be provided up to the age of 21 (age 26 in Michigan) or when the student meets his/her goals and objectives, which should be detailed in the student’s IEP (Individualized Education Program).
IDEA entitles every student to a free and appropriate public education (FAPE) in the least restrictive environment (LRE). To ensure a FAPE, a team of professionals from the local educational agency meet with the student's parents to identify the student's unique educational needs, to develop annual goals for the student, and to determine the placement, program modification, testing accommodations, counseling, and other special services that the student needs. Parents become part of the multidisciplinary team, along with the local educational agency professionals, and collaborate with team members to make decisions on educational placement. These choices are recorded in a written Individualized Education Program (IEP). The school is required to develop and implement an IEP that meets the standards of federal and state educational agencies. Parents have the option of refusing Special Education services for their child.
Under IDEA, students with disabilities are entitled to receive special educational services through their local school district from age 3 to age 18 or 21. To receive special education services, a student must demonstrate a disability in one of 13 specific categories, including autism, developmental disability, specific learning disability, intellectual impairment, emotional and/or behavioral disability, intellectual disability, speech and language disability, deaf-blind, visual impairment, hearing impairment, orthopedic or physical impairment, other health impaired(including attention deficit disorder), multiple disabilities and traumatic brain injury. Depending on the students' individual needs, they may be included, mainstreamed, or placed in a special school, and/or may receive many specialized services in a resource room or self-contained classroom. In addition to academic goals, the goals documented in the IEP may address self-care, social skills, physical, speech, and vocational training. The program placement is an integral part of the process, and typically takes place during the IEP meeting.
Related services
Special education related services include speech and language therapy, occupational therapy and physical therapy. Services can be rendered in individual or small group sessions, in the general education classroom or simply as a consult between the service provider and other team members. Each related service provider on the team must include goals in the IEP as well as specific time allocated to the student.
Implementation through cooperative federalism
Special education programs at the district level are structured upon a cooperative federalism model and therefore governed by both state and federal law. The Court explains:
IDEA is frequently described as a model of cooperative federalism. Little Rock School Dist. v. Mauney, 183 F. 3d 816, 830 (CA8 1999). It leaves to the States the primary responsibility for developing and executing educational programs for handicapped children, [but] imposes significant requirements to be followed in the discharge of that responsibility. Board of Ed. of Hendrick Hudson Central School Dist., Westchester Cty. v. Rowley, 458 U. S. 176, 183 (1982). For example, the Act mandates cooperation and reporting between state and federal educational authorities. Participating States must certify to the Secretary of Education that they have policies and procedures that will effectively meet the Act’s conditions. State educational agencies, in turn, must ensure that local schools and teachers are meeting the State’s educational standards. Local educational agencies (school boards or other administrative bodies) can receive IDEA funds only if they certify to a state educational agency that they are acting in accordance with the State’s policies and procedures.
Disputes over the application of the law begin at the local school district and travel through an administrative law process that is subject to judicial review. Furthermore, aspects of special education law rest on evolving civil rights jurisprudence.
Transition Services for Students in Special Education
The Individuals with Disabilities Education Act of 2004 addresses regulations regarding transition services for children with disabilities. Transition services are designed to focus on improving academic and functional achievement of the child, is based on the individual’s needs, and provides instruction and experiences vital for employment and independent living. The goal of transitional services is to prepare students with disabilities for adult living and may provide instruction in functional living skills, social and community skills, work skills and self-advocacy skills. In most states, these services can be provided up to the age of 21 (age 26 in Michigan) or when the student meets his/her goals and objectives, which should be detailed in the student’s IEP (Individualized Education Program).
