Children With Disabilities Education Act

Superior Essays
Prior to 1975, more than half of children with disabilities were not receiving an appropriate education, and 1 million children were denied access to an education in the public school entirely (Altshuler & Kopels, 2003, p. 320). As a result, the Education for All Handicapped Children Act (EHA) was established in 1975, which is known today as the Individuals with Disabilities Education Act (IDEA). This act provided the right for disabled children to receive a free and proper education that will adapt to each child’s specific needs (IDEA, 2004). Today, forty-one years later, the question remains; is the IDEA successful in providing children with disabilities an education they deserve? This question directly relates to the social work values …show more content…
The first landmark court case that greatly influenced the IDEA was the Brown v. Board of Education (1954) which declared segregation in schools based on race unconstitutional. This declaration helped lead to the greater understanding that everyone, no matter the race, gender, or disability, should have access to a public education (Esteves & Rao, 2008). Parents of children with disabilities became empowered to stand up and organize groups to fight for their child’s educational rights (Verstegen, 1994). The Elementary and Secondary Education Act was established in 1965 to help children with economical disadvantages attend school, and a year later an amendment was made and required funds specifically for children with disabilities (Esteves & Rao, 2008). As previously stated, two supreme court cases provided significant headway towards educational rights for children with disabilities. PARC v. Pennsylvania (1972) and Mills v. Board of Education of the District of Columbia (1972) prompted the court decision that all children, regardless of the type of disability, have a legal right to free public education. The courts determined that inadequate funding was not an acceptable excuse for denying children with disabilities a suitable education (Verstegen, …show more content…
Of course, economic factors influence how well the social problem could be addressed, if at all. The biggest barrier faced when addressing this social problem was the fact that it is estimated, on average, to cost up to two and a half times more to educate a child with a disability, compared to that of a child with no disability (Willard, 1998, p. 1177). This huge concern needed to be addressed. As cited in Willard’s research, the court has stated that funds should be distributed first to make sure that no child is denied an education, and then to the appropriateness of the education (p. 1177). While it is true that no child should be denied an education, the child’s success is greatly determined on the effectiveness of the education provided. IDEA provides a great effort to eliminate the injustice against disabled children and their right to an education, however, economic factors still provide barriers to providing a fair chance for those children to succeed. This can only be done when providing an education that is fitting for their personal needs. Therefore, economic factors still prevent the social problem from being completely

Related Documents

  • Improved Essays

    Amy Rowley Case Summary

    • 436 Words
    • 2 Pages

    Historical Setting In a 1966 amendment to the Elementary and Secondary Education Act, the federal government began providing financial aid to states that provided education for children with disabilities. The program evolved into the Education of the Handicapped Act (EHA) of 1970. After a couple of lawsuits and an updated Act, the government determined that students with disabilities had the right to public education, and parents had the right to participate in the process (Wright, 2010). Amy Rowley, a first-grader with an auditory impairment, and her family filed suit against her school district in the Federal District Court after the New York Commissioner of Education affirmed the school district’s decision to refuse a sign-language interpreter.…

    • 436 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Auth., 802 F.3d 601, 625 (3d Cir. 2015).) For additional clarification the District notes that the United States Department of Education, Office of General Counsel’s Amicus-Brief dated November 19, 2014 regarding G.L., Mr. G.L. and Mrs. E.L. v. Ligonier Valley School District Authority, No. 14-1387 addressed to Vanita Gupta, Acting Assistant Attorney General of the U.S. Department of Justice, Civil Rights Division states: The United States Department of Education ("Department") submits this letter in response to the Court's orders dated October 1 and 18, 2014, requesting that the Department submit, by November 19, 2014, an amicus curiae letter brief “concerning the significance of the two-year time period specified in 20 U.S.C. §1415(b)(6)(B) to the scope of redressability for an alleged IDEA [the Individuals with Disabilities Education…

    • 1215 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Educ Vs Rowley

    • 704 Words
    • 3 Pages

    Rowley is undoubtedly the most important and influential case in special education law. They found that the District was actually in compliance with the law and that it was not necessary for Amy Rowley to have the services of an interpreter provided by the school. Applying these standards “some educational benefit" standard no longer accurately reflects the requirements of the Individuals with Disabilities Education Act. Rather, state standards and educational adequacy requirements provide the substantive requirements of FAPE, and these standards exceed the "some educational benefit" benchmark. This conclusion requires a fundamental change in the way courts, school districts, and parents should view special education services Implications-…

    • 704 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Special Education Policy Case Review There are four sources of law in the United States, one of which is the rulings of judicial courts (Russo & Osborne, 2008). It’s these court trials and judicial opinions that determine how legislation is to be interpreted and applied because at times, legislation is ambiguous or broad or may not necessarily take into account the affects of preexisting legislation. As with all other types of legislation, lawsuits regarding special education occur and it’s the result of these laws that have determined how the Individuals with Disabilities Education Act (IDEA) is interpreted and implemented. Three cases, Doug C. v. Hawaii, PV v. Philadelphia, and Endrew F. v. Douglas County School District are recent cases…

    • 1796 Words
    • 8 Pages
    Superior Essays
  • Great Essays

    There are innumerable legal ramifications issues eminently surfaced with reference to, students, including parents, the school district has to ratify. The particular controversy can be composed of American Disability Act Conjointly Section 504 of the Rehabilitation Act. The exceptionalities parents could perceive the Section 504 of the Rehabilitation Act and American Disability Act is no more pursuing. The ensuing paper will review and summarized the legal argument, conclusion furthermore court’s analysis encompassing findings of these court cases, the court cases are C.C. v. HV HURST-EULESS-BEDFORD INDEPENDENT SCHOOL DISTRICT, ET AL., DEFENDANTS, LINDSTROM, v ST. JOSEPH’S SCHOOL FOR THE BLIND, INC. T.L v SHERWOOD CHARTER SCHOOL, an Oregon…

    • 1470 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The plaintiffs side challenged the 180-day school year rule under the violation of equal protection, under the fourteenth amendment, and, as I mentioned previously, the Education for all Handicapped Children Act, too1. This side, also, made the point that the Department of Education requires at least one annual IEP per child1. An IEP includes the current levels of the child and, the goals they hope to obtain within that years’ time1. However, districts refused to fund more than the 180 days, even though it is an annual, aka one years’ time, goal(s) to achieve list1. On the other side of this debate are the defendants, who claim that the loss of skills are due to the nonfunctionality of what is being taught to the children, a lack of competence in teachers and, that parents are failing to practice the program properly with their children1.…

    • 751 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Handicapped Act 1986

    • 1165 Words
    • 5 Pages

    The Education of the Handicapped Act Amendments of 1986 Based on new research found on infant development, encourage a change in early interventions and preschool services. Early intervention was found to improve a child’s intelligence, prevent secondary handicapping conditions decrease dependency in institutionalization and decrease family stress (Education of the Handicapped Act, 1986). The establishment of the Education of the Handicapped Act Amendments of 1986 was created in order to improve early interventions and encourage each state to provide better assistance to the child and their families. Services included language and speech development classes, self-help skills, physical and cognitive development. Under this act, each family was…

    • 1165 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Six Tips for Successful IEP Meetings Communication between the school and the parents are vital to the proper educational development of children. Most schools seek to have a partnership between the teacher and parent for all students, but it is even more crucial for children with special needs. The article tells a story of little boy and his struggle in the classroom. It is an example of how the school and parents lack of communication caused the boy’s behavior to get out of hand. The boy was already receiving special education services for speech articulation, however, his IEP did not address all issues.…

    • 598 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Justice William Rehnquist argued that “the intent of the Act (Education for All Handicapped Children Act) was more to open the door of public education to handicapped children on appropriate terms than to guarantee any particular level of education once inside.” 8. What did the U.S. Supreme Court decide the school had to provide in the Tatro Case? The US Supreme Court decided in the Irving Independent School District v. Tatro case, that the school must provide the supportive service need by students with disabilities to permit them attend school.…

    • 1319 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Keith Jones, another individual with disabilities would go on to share a very interesting viewpoint of the education system. As an African-American, Keith described many of the unique situations he went through in his life related to his disability. This brought to light another issue where individuals with disabilities are often discriminated against by not only their disability, but also through other areas easily targeted by prejudice. Keith’s story did indeed raise another even deeper question for the audience, how do we provide an equal and positive educational experience for those with disabilities while also keeping in mind many of the already present prejudices within the world we live in? Is there a way we can help dispel many of these already horrific prejudices while also providing the best educational experience for everyone?…

    • 806 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Education is important and extremely valued within American society, although students with disabilities have struggled with getting the opportunity to have the same fair, appropriate education as their nondisabled peers. In 1975, the Education for All Handicapped Children Act (EHA) was enacted and public schools began to provide accommodations for students with disabilities. The Individuals with Disabilities Education Act (IDEA) replaced the EHA in 1990, and it was designed to place more focus on the individual’s needs. Disabled students have benefitted greatly from IDEA since it was enacted 26 years ago. IDEA has immensely changed the way students with disabilities receive an education.…

    • 605 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    According to The Government of Western Australia (n.d., p. 4) the department is determined to reduce the barriers for people with disability and ensure schools are prepared by offering an inclusive education to all students with many outcomes being implemented. By applying these outcomes, students are having access to an equal opportunity. Students with a disability have the right as any other student, allowing them to attend a local school with children their own age while having access to high-quality education with the support they are entitled to (Government of Western Australia, n.d. para. 1). With the correct support provided students with a disability have the best chances to be successful learners. The government helps support schools by visiting and supporting the teacher when necessary, offering special classes and centres where required, however, this depends on the needs of the students (The Australian Research Alliance for Children and Youth, [ARACY] 2013, p. 26).…

    • 917 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Disability Movement Essay

    • 1472 Words
    • 6 Pages

    Throughout many years of history, those with disabilities were not always treated fairly or given equal opportunity. Activists around the world have worked together to achieve goals such as increased access to all types of transportation and a safer day to day environment. Equal opportunities in employment and education have been a big part of their efforts too. For many years, children with disabilities were many times segregated and not given an equal opportunity for a chance to learn and succeed in school. A disability should not limit a person’s choice to improve themselves and their intellectual capabilities.…

    • 1472 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    Early intervention can make the difference in having a successful education. Children who have had the opportunity to attend early intervention, have had lowered rate of having to attend special education classes in the future (Berk, 2014). They also have proven to have higher IQ’s than those children who did not have the opportunity to attend an early intervention. These programs are essential for not only children who have been born with a developmental disability but have been born in to lower Socio-economic back rounds. Therefor it is imperative to continue to find was to continue serving our children and allow them to evolve into productive citizens as well as giving them the best chance at a greater quality of…

    • 1771 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Introduction Special education has made significant changes over the past years, partly due to the fact that people have stood up and made a change for the better toward children with disabilities. Children are no longer put into segregated hospitals and left to die and forgotten about. Children for many years were labeled as unlovable and a disgrace and hid away from society. Parents were faced with humiliation and public scorning for having a child with a disability and lived in fear. People are now more widely educated and have advanced over the past century to include children with disabilities as part of society and not simply a disgrace to be swept under the rug.…

    • 1323 Words
    • 6 Pages
    Improved Essays