An Education on Special Education

In response to a large scale congressional investigation which revealed that millions of disabled children were receiving little or no educational services, Congress passed Public Law 91-142: The Education for All Handicapped Children Act of 1975. The main focus back then was making sure children with disabilities had access to an education and that their rights and the rights of their parents were protected. There have been several amendments and name changes over the years. The most recent incarnation is the Individuals with Disabilities Education Improvement Act of 2004 known as IDEA (20 USC 1400, et. seq.).

The purposes of the IDEA are stated clearly in Section 1400(d) of the statute. There are four. For the purposes of this discussion, I will be focusing mainly on (1)(A). It states:

(1)(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living

In my last blog I included the list of ailments which define a child with a disability under the IDEA. They are enumerated in Section 1401(3) of the statute:

(i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as "emotional disturbance"), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services.(20 USC 1401(3))

You see the term "FAPE" (free appropriate public education) thrown around a lot in special education discussions. "Free" seems pretty self explanatory. Education for a child with a disability should come at no cost to the parents. "Public" seems pretty clear too referring to provision at public expense supervised by public entities. "Appropriate" is another story. What is an appropriate education? It is different for each child with a disability. It is one that is suitable for the child taking into account that child's specific educational needs, strengths, areas of weakness, established goals and the supports and services they will receive to help them attain their goals. That is why each child with a disability under IDEA is required to have an Individualized Education Program or IEP. More about that later.

The paragraph also refers to "special education and related services". Special education, again deals with the idea of an education tailored to fit the disabled child's individual needs in any setting including the regular classroom, a SPED classroom, a hospital or an institution, etc. including physical education. "Related services" can be any developmental, corrective or supportive services a disabled child may require in order to derive benefit from the specialized education program including, but not limited to, transportation, physical and occupational therapy, speech therapy, interpreting or audiology services, orientation and mobility services, psychological and counseling services, and so on. The ultimate goal in educating children with disabilities, as with all children really, is to "prepare them for further education, employment and independent living". Believe it or not the idea of preparing disabled children for further education is a relatively new one. Transition services aimed at not only helping disabled students to live independently but to achieve higher educational and employment goals are a key part of any special education program.

(1)(B) under Purposes ensures the protection of the rights of children with disabilities and their parents and (1)(C) provides assistance to States and local education agencies to provide an education to all disabled children. (20 USC 1400 et. seq.)

The second main purpose of the IDEA involves assisting States in putting in place early intervention services for infants and toddlers with disabilities and their families. The third and fourth relate to implementation and assessment of success. I leave those discussions for another time.

You may be asking yourself why I have spent so much time going over this one little paragraph. Simple. When you are navigating the waters of special education, this is your North Star. It is a guide for setting expectation and goals. It is a tool to employ when reviewing evaluations and IEPs or when requesting services. Keep in mind, however, the law does not require a child receive the best education possible or one that ensures a child reach his/her full potential. That being said, if there is a service or tool that you reasonably believe will assist the disabled child in benefiting from his/her education and obtaining those ultimate goals, request it.

But I am getting ahead of myself here. In order to navigate the waters, you first have to be in the boat.

Next topic: eligibility and initial evaluations.