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Special education
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| Education policy in the U.S. |
| Public education in the U.S. |
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| Charter schools in the U.S. |
| Higher education in the U.S. |
| Glossary of education terms |
| Education statistics |
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Special education is a rising issue in the United States. The term refers to education designed specifically for students with disabilities or other special needs. Since 1975, the United States government has worked towards crafting legislation to ensure all students receive the education they deserve. That said, there are still many experts who argue that more should be done.
History
Historically, individuals with disabilities have experienced difficulty receiving the care and education that they need. In 1975, Congress passed the Education for All Handicapped Children Act (EHA). That law has been revised roughly every five years since then, and was most recently authorized in 2004 as the Individuals with Disabilities Education Act, or IDEA.[1]
Major legislation
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act, or IDEA, is the country's primary legislation directed towards supporting education for students with disabilities. As mentioned above, IDEA is the amended version of the Education for All Handicapped Children Act of 1975. The law was amended several times and changed to its current name in 1997. As of 2012, IDEA had helped about 5.8 million students receive special education services. Under IDEA, the following are considered to be disabilities that are eligible for special education:[2]
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If a student receives a diagnosis for one of those disabilities, that student must then display a need for special education services. For instance, if a student is diagnosed with ADHD but is still doing well in school, that student would not be eligible for special education under IDEA. If the student meets all of the requirements to receive a special education, the parents or guardians of the student then begin working with a school to develop an "Individualized Education Program," or IEP. Ideally, each IEP is tailored specifically for each student depending on the diagnosed disability. The programs are also designed to account for any other special needs the student may have. IDEA programs are available to qualifying students at no extra cost.[2][4]
Rehabilitation Act
The Rehabilitation Act of 1973 is not education specific. It helps to protect individuals with disabilities from discrimination when those individuals are trying to benefit from any program that receives federal assistance. A section, known as Section 504, exists in the Rehabilitation Act that is commonly used to help individuals who may not qualify for other special education programs. With a 504 plan, students are assured that their educational needs are met. The 504 plan does not necessarily mean a student enters into a special education program. These plans simply ensure that a student receives the same quality of education that students without special needs receive. In this way, 504 plans are often considered less intensive than plans such as IDEA's Individualized Education Programs.[4][5][6]
Americans with Disabilities Act
The Americans with Disabilities Act of 1990 (ADA), like the Rehabilitation Act, applies to all American citizens. It further protects individuals with disabilities "in employment, State and local government services, public accommodations, commercial facilities, and transportation."[7]
This act requires all public institutions to provide reasonable accommodations for individuals with disabilities. Among other things, this law compels schools to provide effective learning strategies for students with disabilities, physical or mental, that impede learning. This may include interpreters, specially-trained teachers or course materials designed for individuals with certain disabilities (i.e., braille textbooks for students with impaired vision). Students are specifically protected by Title II of the ADA. This section extends the law's protections to all state and local government services, which includes public schools. It is worth noting that schools receive these protections regardless of whether or not they receive federal funding.[8]
Offices
Office of Civil Rights
| “ | The mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.[3] | ” |
| —Department of Education[9] | ||
The Office for Civil Rights, or OCR, is a federal office responsible for enforcing nondiscrimination laws. The following is a list of the laws or sections of laws enforced by the OCR, along with what those laws prohibit:
- Title VI, Civil Rights Act (1964) - Prohibits discrimination on the basis of race, color, and national origin
- Title IX, Education Amendments of 1972 - Prohibits discrimination on the basis of sex
- Title II, Americans with Disabilities Act (1990) - Prohibits discrimination on the basis of disability
- Rehabilitation Act (1973) - Prohibits discrimination on the basis of disability
- Age Discrimination Act (1975) - Prohibits discrimination based on age[9]
If this office receives a complaint of discrimination from an individual in one of these protected groups, one of 12 offices throughout the country evaluates and responds on behalf of that individual. Each of these offices is managed by the Eastern and Southern Division or the Midwestern and Western Division, with an administrative office in Washington, D.C. that provides additional oversight.[9]
Office of Special Education and Rehabilitative Services
| “ | To provide leadership to achieve full integration and participation in society of people with disabilities by ensuring equal opportunity and access to, and excellence in, education, employment and community living.[3] | ” |
| —Department of Education[10] | ||
The Office of Special Education and Rehabilitative Services, or OSERS, is a federal organization that works to create more opportunities for students with disabilities. OSERS advocates for students by publishing reports, working towards improved legislation, and organizing tools and resources related to special education and rehabilitation. This office has three component programs that work individually towards the overall goals of OSERS:
- National Institute on Disability and Rehabilitation Research (NIDRR)
- Office of Special Education Programs (OSEP)
- Rehabilitative Services Administration (RSA)[11]
See also
- Learning targets
- Learning progression
- Pacing in education
- Public education in the United States
- Education policy in the United States
External links
Footnotes
- ↑ LDonline.org, "IDEA," accessed February 18, 2015
- ↑ 2.0 2.1 2.2 Understood.org, "How IDEA protects you and your child," accessed February 18, 2015
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 Understood.org, "The difference between IEPs and 504 plans," accessed February 18, 2015
- ↑ Understood.org, "Understanding 504 plans," accessed February 18, 2015
- ↑ ADA.gov, "A guide to disability rights laws," accessed February 18, 2015
- ↑ Americans with Disabilities Act, "2010 ADA regulations," accessed March 27, 2015
- ↑ Department of Education, "Protecting Students with Disabilities," accessed March 27, 2015
- ↑ 9.0 9.1 9.2 Department of Education, "About OCR," accessed March 27, 2015
- ↑ Department of Education, "OSERS Mission statement," accessed March 27, 2015
- ↑ Department of Education, "List of OSERS programs," accessed March 27, 2015
