Special Education Legislations History and Reasoning
Directions: Write a paper of 1,500-1,750 words in which you summarize the Council of Administrators of Special Education Recommendations for Change: Public Law 108-446. Evaluate the impact the proposal will have on the purpose and structure of IDEA. Do the following in your paper:
1. Summarize the proposal.
2. Discuss the history of special education law as it pertains to current legislation and laws pertaining to special education.
3. Evaluate the positive and negative impacts of the proposed changes to IDEA.
4. Propose and support any alternative ideas the special education leader might consider.
Start by clicking Upload Files in the table below. Make sure to add all of the files required for your submission.
This assignment requires a Similarity Report.
You can request one within the table after uploading your files. Files submitted to your instructor without a Similarity Report will automatically receive one upon submission.
· Note: Once a Similarity Report is created for a file, it cannot be deleted.
Special education laws can be traced back to 1975 when Congress enacted the Education for All Handicapped Act (EAHA). This was the first legislation that forbade the discrimination of individuals with disabilities in public schools. Subsequent amendments of this Act paved way for the other legislations such as the Individuals with Disabilities Act (IDEA). A special education leader must understand the history of special education legislation and the logical reasoning behind each law. This paper thus seeks to analyze the history of special education laws and document how this history influenced the IDEA. In doing so, it will seek to address the Council of Administration of Special Education (CASE) recommendations, the special education legislation, impacts of proposed IDEA changes and recommendation of other legislations the special education leaders can consider.
Council of Administration of Special Education Recommendation
The council of Administration of Special Education (CASE) is a global professional organization whose members are committed towards the improvement of uniqueness, dignity, and worth of every person in the society (CASE.org, 2017). The council is highly committed to be engaged and incorporated throughout the IDEA authorization process. The primary goal of the CASE is to ensure that all students with disabilities access high-quality education and learning in the classroom just like the other students who are not disabled. They also ensure that the students with disability access a Multi-Tied System Support throughout their general education. Additionally, the CASE recognizes the significant need for the due process rights for the children and parents under the IDEA and the importance of complying with the special education regulations to ascertain sufficient Individualized Education Plan (IEP) development and constant monitoring of the students with disabilities growth to ascertain their academic progress. To achieve, CASE has conducted several surveys, and meetings with the stakeholders and come up with recommendation proposal. The recommendations are discussed below.
The first CASE recommendation is the full funding of IDEA. Under this recommendation, the CASE proposes that the Congress maintain its present mandated IDEA funding formula and that the funds’ appropriation in the Act resonates with the intention in the statute. The CASE particularly proposes that the Congress maintain the appropriate funding formula as mandated such as the 40% of the excess costs multiplied by the number of students involved. The second CASE recommendation concerns the opposition to public subsidy of private education. Under this recommendation, the CASE members oppose the subsidy funding of the entire private education for all students including the disable and non-disable as the subsidies do not resonate with the interests of the taxpayers, local communities, public school system, parents and the students. The third CASE recommendation concerns the revision of independent educational evaluation requirements. Under this recommendation, CASE proposes that there should be reasonable parameters to be used when establishing when the parents access the independent education evaluation at the cost of the school district.
The fourth recommendation of CASE concerns the redefinition of serious bodily injury. Under this recommendation, CASE proposes and support the act of redefining the serious bodily injury, i.e. redefinition of the serious bodily injury at a level of harmless severe rather than the contemporary definition. The Fifth recommendation of CASE concerns the expansion of maintenance of effort. Under this recommendation, CASE members propose the addition of exceptions cases to the maintenance of efforts requirements year to year. The sixth recommendation of the CASE is about access to facilitated IEP team meeting services. Under this recommendation, CASE members propose that the IEP facilitation services should be a mandatory element of services provided by as component of the IDEA conflict resolution process. The seventh recommendation concerns the notification to school districts before filling a due process. Under this proposal, the CASE members’ recommends that the parents are needed to inform the school districts of the formal disagreement before permitting the parents to file a complaint due process under the IDEA.
The eight CASE proposal concerns the revision of the requirements about the functional behavior assessments. Under this recommendation, the CASE members propose that the functional behavior should not be a subject to independent education evaluation and both the behavioral intervention plan and the functional behavioral assessment requirements be revised according to IDEA provisions. The ninth recommendation of CASE concerns the determination of consistent burden of proof across the states. Under this proposal, the CASE members recommend the creation of burden of proof across the entire US States. The last CASE recommendation concerns the changes in the terminologies specific to the emotional disturbance. Under this proposal, the CASE members propose the change of the term emotional disturbance to behavioral and emotional disability.
In summary, all these CASE recommendations are all centered towards ensuring the students with disabilities have rights and equal access to classroom instructions just like their peers who are not disabled. The CASE summarizes their recommendations proposing that the support to implement the special education laws is critically needed in all states, due to increasing number of students with disabilities, who have thus skyrocket the costs of servicing them.
History of Special Education and Laws
The history of special education legislations dates back to 1975 when Congress enacted the first law to prevent harassment and discrimination of individuals with special needs in public educational institutions. Since then, there has been enormous progress in the special education services with the about 13% of all students in public schools receiving special education as at 2013 (Yell, Shriner & Katsiyannis, 2017). The first special education legislation was the Education for All Handicapped Act (EAHA). This act was enacted by Congress in 1975 to protect the students with mental and physical disabilities. The Act provided that the public schools must give the students with disabilities equal education opportunities like other peers. In 1990, amendment and modification of the EAHA resulted in the creation of the Individuals with Disabilities Act (IDEA). The act proposed that the students with disabilities must receive a free and quality education in the least restrictive environment (Lipkin & Okamoto, 2015).
In 2001, No Child Act was passed. This is the act which required all the schools to be answerable for students’ performance whether with a disability or not. The act further required the schools to constantly assess the student’s performance and academic skills. Another legislation is the Individualized Education Program (IEP). This is derived from the IDEA provision that every teachers and parent of students who meet the special needs requirement must come up with IEP that aids in establishing education for their child’s specific needs. Other special education laws include the Americans with Disabilities Act of 1990 and the 1973 Rehabilitation Act. These acts forbid disability-based discrimination in schools including the high, middle and elementary schools as well as the universities and colleges.