Laws regarding SPED in the U.S.

Special Education Law came into effect in 1975, with the passing of Public Law
94-142, also known as the Education for All Handicapped Children Act. This law
required schools to protect the rights of, and provide a free appropriate public
education for, all students with disabilities, such as mental retardation, learning
disabilities, emotional problems, etc. Prior to this law, many individuals with a
mental illness or mental retardation were placed in state institutions, quite often
receiving minimal clothing, food and care. Some school districts sent their special
needs students to a special education school or encouraged parents to keep their
children home.

The four purposes of PL 94-142 are:

- "to assure that all children with disabilities have available to them a free
appropriate public education which emphasizes special education and related
services designed to meet their unique needs"

- "to assure that the rights of children with disabilities and their parents are
protected"

- "to assist States and localities to provide for the education of all children
with disabilities"

- "to assess and assure the effectiveness of efforts to educate all children with
disabilities" Source: Education for All Handicapped Children's Act of 1975

In 1983, was the passing of PL 98-199, amendments to the Education of the

Handicapped Act. Discretionary programs were reauthorized, parent training and
information centers were required, funding was provided to research early
intervention (EI), and focus was put on school to work transition. In 1986, further
amendments were made under PL 99-457. Services for preschoolers with special
needs were mandated. The Part H program was established to assist states in
developing a statewide system of EI services for infants.

Then in 1990, the Education of the Handicapped Act, was amended due to
national concerns that were being raised. Congress passed PL 101-476, the
Individuals with Disabilities Education Act (IDEA). This act reauthorized and
expanded the discretionary programs. In addition, transition services were
mandated, assistive technology was defined, and "autism" and "traumatic brain
injury" were added to the list of qualifying categories.
IDEA continues to be revised from time to time. Under IDEA, a stronger effort has
been made to provide a free and appropriate education for all children. Some of
the areas that IDEA has focused on are:
1. EI. Early Intervention services provided to eligible infants and toddlers.

2. LRE. Districts are required to provide an education to special needs children in

the least restrictive environment. For most students, this means attending the
home district school in a partial or full general education setting.

3. High school graduation. There has been a dramatic increase in high school
graduation rates, post-secondary enrollment, and employment rates among special
needs students.

4. Parents. Strengthening the parents' role in the education process has strongly
developed over the years.

5. Diversity. Increased attention is being given to racial, linguistic and ethnic

diversity to prevent students being inappropriately classified.

In 2001, H.R.1, the No Child Left Behind Act of 2001 was enacted. Although the act
addresses the school's accountability to help needy children, it also touches on
issues regarding autism and the special needs community.

Under IDEA, there are very specific guidelines that need to be followed regarding:
eligibility, evaluations, FAPE, IEPs, procedural safeguards, financial responsibility,
and discipline. Whenever a special education law is implemented or revised,
school districts need to devise a plan to implement the new or revised law.

Public Law 101-336, as a ground-breaking piece of legislation, was enacted by

the 101st Congress in July 26, 1990. It is referred to as the Act to establish a clear
and comprehensive prohibition of discrimination on the basis of disability,
otherwise cited as the Americans with Disability Act of 1990, also popularly known
as ADA. However, issues and challenges beset it during its implementation for
eighteen (18) years. As a result, Congress took notice of these loopholes and saw
the need to address them by passing into law the ADA Amendments Act of 2008
that took effect in January 1, 2009.

It stipulates a clear definition of this group of persons. People with disability

who are referred to by the law are those who are suffering from physical or mental
impairment that hinders them from pursuing one or more of their pivotal daily
activities. The definition also includes those persons possessing a documentation
of their disability or who are considered as having impairment.

First and foremost, the Act ensures that persons with disabilities can exercise
their civil rights and are given ample protection to do so in their everyday lives.
They are not to be discriminated in all aspects of their private and public spheres.
Having impairment does not diminish their value as persons. Just like any
Americans, they too are to be accorded with respect and dignity at all times.

What is the Americans With Disabilities Law - The Basics

The law recognizes the discrimination experience by this group of undervalued

citizens and includes how it could be eradicated in the existing policies, facilities
and practices of both private individuals and public officials. Discrimination can be
both felt by them in a covert and overt manner in employment, public services,
public transportation, public accommodation and services and telecommunications
which thoroughly explained in the provisions of the Act.

Just because they have disability, society and institutions perceived them not
to be qualified and an added burden or liability when given work. It is easy for
other Americans to humiliate and belittle them in the workplace as these have
been ingrained in the American culture.

Their movements are limited in buildings and they are excluded to do

important activities and avail of social or health services which are located in
offices, hospitals and clinics, educational and recreational or entertainment areas.
They fail to exercise their political rights and freedom of expressions. They are
confined to the same, old place because these places are not accessible or
disability friendly.