with disabilities.
Admittedly there are many other legislative mandates that had some measure of impact on the creation of special education, but none impacted the field of education more than the passage of PL 94-142: Education of All Handicapped Children Act of 1975. In fact, few pieces of legislation since have had as much impact on the lives of individuals with disabilities as PL 94-142.
The Education of All Handicapped Children Act (EHA) of 1975 was developed around four guiding principles:
1 Free, Appropriate Public Education (FAPE) and Individualized Education Plan (IEP)“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”§300.101 of federal regulations define FAPE asGeneral. A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in §300.530(d).FAPE for children beginning at age 3. (1) Each State must ensure that—(i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child’s third birthday; and(ii) An IEP or an IFSP is in effect for the child by that date, in accordance with §300.323(b).(2) If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP or IFSP will begin.Children advancing from grade to grade. (1) Each State must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade.(2) The determination that a child described in paragraph (a) of this section is eligible under this part, must be made on an individual basis by the group responsible within the child’s LEA for making eligibility determinations.
2 Due Process“To assure that the rights of children with disabilities and their parents are protected”
3 Federal Funding“To assist states and localities to provide for the education of all children with disabilities”
4 Accountability through Assessment“To assess and assure the effectiveness of efforts to educate all children with disabilities”
Since 1975, the EHA has been amended or reauthorized multiple times.
PL 99-457: The EHA Amendments of 1986 represent the first expansion of provisions mandated by the EHA. The EHA Amendments mandated that state provisions of programs and services be extended from only including school-age children with disabilities to including children ages 3–5. Additionally, The EHA Amendments permitted early intervention services for infants and toddlers from birth through age 21. In lieu of an IEP, the Individual Family Service Plan (IFSP) was created to identify and meet the unique needs of infants and toddlers with a disability and their families.
PL 101-476: The Individuals with Disabilities Education Act (1990) not only amended the EHA, but it also renamed the legislation. Two specific categories of exceptionalities, autism and traumatic brain injury, were added to the list of disabilities addressed.
PL 105-17: Individuals with Disabilities Education Act (1997) was the reauthorization of IDEA 1990. It supported initiatives for transition services from secondary to postsecondary life for students. The IEP must include an Individualized Transition Plan for each student not later than age 16.
PL 108-446: Individuals with Disabilities Education Act (2004) is the current law that stipulates specific guidelines for special education programs. As with previous reauthorizations, IDEA 2004 continues to maintain the original four guiding principles.
Serving a Purpose
Providing an individualized, special education to an individual with disabilities has become a hallmark of the American special education system. The implementation of special education legislation, however, is a complex undertaking that requires much thought, consideration, and planning as well as a willingness to work not only with a given curriculum, but also with individual students to determine how best to serve them. The effective special educator recognizes the process of effectively teaching individuals with special learning needs as simple in its complexity. In other words, the effective educator knows there are three components to being a successful teacher of students with special needs. In fact, effective content area, general education teachers recognize the same components.
First, every teacher must know the WHAT, which is the content or curriculum that must be taught. Well-trained teachers—elementary and secondary—know their content, and they study and work to remain current in their respective fields. In the case of IEP development, the WHAT becomes a focus on the specific academic and functional needs of the student with special learning needs. The second component is the student—every student who is in any particular class—the WHO if you will—ever changing and complex in nature but always an individual challenge for teachers who desire to have a positive impact on the lives of the students they encounter. Finally, the one component or element that provides the link between the WHAT and the WHO is the HOW. It is a question that, once answered, must be asked again and again as individual students progress through the curriculum. Most certainly it is the most essential question a teacher can ask when attempting to best address a student’s academic and behavioral needs. At no time is the HOW more significant than when the task is to design and develop an IEP.
W H A TO
W H O
Understanding the curriculum and knowing the students, both collectively and individually, are essential to understanding how instruction must be designed for the most effective outcomes. Every teacher, both general and special educators, should recognize the significance of carefully designed, student-centered instruction. Preparing an IEP for a student who has very specific academic and/or behavioral needs is both structured and intense. Fortunately, there are specific legislative and state guidelines that provide direction in the development of the individualized plans required by IDEA.
Individualized Plans Required by IDEA 2004
The Individual Family Service Plan and Its Components
As previously noted, IDEA 2004 stipulates that individuals with disabilities (birth to 21) are entitled to receive a “free, appropriate public education” (FAPE) in the least restrictive environment (LRE). Additionally, IDEA requires the development of individualized plans for each qualifying individual. Part C of the Individuals with Disabilities Education Act (IDEA) specifically addresses programs for infants and toddlers and stipulates that an Individual Family Service Plan (IFSP) must be developed and implemented. In compliance with Part C of the IDEA, the IFSP is a written document—a plan—that delineates the early intervention services provided to an infant or toddler (birth to 3) and his or her family.
While individual states determine the eligibility requirements and defining characteristics of what constitutes developmental delays, federal regulations very clearly stipulate what must be contained in the IFSP.
Present Levels of Development/Current Levels of FunctioningThis statement includes the child’s present levels of physical, cognitive, communication, social/emotional, and adaptive development.
Family ResourcesA statement identifying the family’s resources, priorities, and concerns regarding the child and his or her development
Measurable OutcomesStatements that stipulate the expected outcomes that will be achieved by both the infant or toddler and the family
