Education | Custom PHD Thesis

Education

Write a reflection journal of 300-350-words that addresses the following questions:

What are at least five key points in the articles and the text readings?

Include a discussion about your prior beliefs about the legal history of special education. How did the readings alter or inform your beliefs?

Based upon your experience in education, how might you apply this content to a classroom and instruction
History of Special Education Law
Introduction
In 1975, Congress enacted the Education for All Handicapped Children Act. The main thrust of this law provides eligible students with disabilities with appropriate special education services tailored to their unique needs. As the act evolved over the years, it became the Individuals with Disabilities Education Act (IDEA) in 1990 (reauthorized in 1997), and the Individuals with Disabilities Education Improvement Act (IDEIA) in 2004 (referred to as IDEA 2004). This law generated one of the most recognized phrases used in educational circles: “free, appropriate public education,” or FAPE. The history and consequences of this legislation is long and arduous.
History
Prior to the 19th century, most children with disabilities received little or no education. They were kept at home, sheltered from society. At the time, the prevailing thought was that the parents had obviously sinned against God in some way, and the punishment for those sins was a disabled child.
Towards the last half of the 19th century, attitudes began to change. The Progressive Movement, with its ideals of social responsibility toward the less fortunate, was growing in the United States. Although the process was slow, special schools were established for hearing-impaired children and those with other physical disabilities; however, children with emotional or intellectual disabilities were largely ignored until well into the 20th century.
Segregation was the accepted norm during these times; therefore, intermingling of special-needs students with the regular students was unheard of. The children who attended these special schools were frequently mistreated, made fun of, physically abused, and typically taught very little. Moreover, the teachers were either poorly trained or had no training at all. It would not be until the last quarter of the 20th century that real progress was made towards educating children with disabilities.
Legal Motivators
The first major court case that would eventually affect the rights of the disabled was Brown v. Board of Education, Topekain 1954. Although presented as a civil rights dispute, its outcome had a far-reaching impact in many areas of law. For example, a unanimous decision from the Supreme Court of the United States declared, “education is perhaps the most important function of state and local governments” (Brown v. Board of Education, p.¶9). The court went further in its written response by maintaining that it is doubtful any child may reasonably be expected to succeed in life when denied the opportunity of an education. It is a mandated right that must be made available to all (Brown v. Board of Education, 1954). Once the court made it clear that equal terms applied to all, future legal challenges were set into motion demanding access for the disabled.
In 1971, Pennsylvania Association for Retarded Children (PARC) v. Pennsylvania came before the federal courts. Pennsylvania had several state statutes that gave local school districts the right to deny services to any child that a school psychologist declared to be uneducable. PARC’s stance was that these state statutes were unconstitutional. (Pennsylvania Association for Retarded Children v. Pennsylvania, 1971). The outcome was a consent decree agreed to by both parties declaring that no intellectually disabled child could be excluded from special education programs without due process. This case would later become the foundation for IDEA (1990).
As more and more handicapped education lawsuits were brought before the courts, Congress addressed the issue in 1975 with The Education for All Handicapped Children Act.It issued sweeping changes to the educational system to benefit disabled children; addressed due process rights of children and their caregivers; defined types of services and determination of disabilities; and addressed educational progress. The Education for All Handicapped Children Act was amended and changed to the Individuals with Disabilities Education Act (IDEA) in 1990. IDEA was revised again in 1997 with additional rights and regulations, including discipline and mediation; specific services; ages of eligibility; and a better definition for “least-restrictive environment.” The law continued to move forward in addressing rights for the disabled; in 2004, IDEA was reauthorized and became the Individuals with Disabilities Education Improvement Act (IDEIA), referred to as IDEA 2004. Once again, changes and provisions were added with the continued goal of enhancing the education of students with special needs.
Conclusion
Much has changed over the last two centuries. Education in general, whether for students with or without disabilities, has seen many transformations. The enactment of No Child Left Behind (2001) has had a further impact on the education of disabled students. Special education is evolving and gaining strength, but the future remains unknown. There is a current backlash against parents of children who have disabilities. Growing legal action in the courts is siphoning money that could be used for education. Parents of children in regular classrooms are interpreting the vast amount of money spent on special education as an infringement of their children’s educational rights. Will this bring even more legal action from a new population? Only time will tell.
References
Brown v. Board of Education, Topeka, 347 U.S. 483 (1954).
Education for All Handicapped Children Act of 1975, Pub. L. No. 94-142 (1975).
Individuals with Disabilities Education Act, Pub. L. No. 101-476, 104 (1990).
Individuals with Disabilities Education Act, Pub. L. No. 105-117 (1997).
Individuals with Disabilities Education Improvement Act, Pub. L. No. 108-446 (2004).
McGerr, M. (1990). Political style and women’s power 1830-1930. Journalof American History, 77, pp. 864-885.
No Child Left Behind, Pub. L. No. 107-110 (2001).
Pennsylvania Association for Retarded Children v. Pennsylvania, 334 F. Supp.1257 (E.D. Pa. 1971), 343 F. Supp. 279 (E.D. Pa. 1792).