Catalina Dvila

Professor Daniel Powers

February 24, 2015
LSI 346

Special Education Law/Current Events

The American Philosopher John Dewey said, The child lives in a

somewhat narrow world of personal contacts. Things hardly come within his
experience unless they touch, intimately and obviously, his own well-being,
or that of his family and friends. His world is of persons with their personal
interests, rather than a realm of facts and laws. Not truth, in the sense of
conformity to external facts, but affection and sympathy is its keynote.
Dewey views the world of a child as being simple, calm, intimate therefore
not fitting into a world of increasing political influences. It is crucial to
understand Deweys point of view because it directs one to see the world
through a childs eyes and to understand those students with disabilities.
In the 1800s formal schooling was no accessible to all children.
Children usually helped their families at family farms or businesses. It was

considered that from the age of seven to ten years old a child would
abandon childhood thus being able to provide more familial support.
However, in the nineteenth century the United States also started to make
important shifts in urbanization, industrialization, and the number of
immigrants was increasing greatly. These changes would profoundly affect
families. One of the most important changes was how this would lead to
school attendance becoming accessible to more children.
During the Progressive Era (1880-1920), civil leaders started to
pressure the government to improve education. States now felt they had to
guide children from all backgrounds down paths that would and could ensure
economic stability, cultural integration, and public safety. This could only
happen through education. There was also a major concern was the growing
population of people with disabilities.
While in society there had always been knowledge of those with
disabilities the acceptance of people with disabilities had depended on the
era and the culture. However, during the Progressive Era when schooling
became highly demanding of students, unusual and abnormal student
behaviors and performances stood out. The administration and teachers
were now able to see conditions unknown to them. The disabilities were the
targets of progressive reforms. The focus would be turned to the idea of
feeblemindedness and/or mental deficiency. It was after 1870 that public
and private schools understood the need for a supportive learning

environment. Robert L. Osgood author of the book The History of Special

Education: A Struggle for Equality in American Public Schools said:
Throughout the nineteenth century, the trend to view children as
unique individuals in strong need of nurturing combined with a
heightened academic interest in children helped sow the seed of
the child study movement. Consequently educators, doctors, and
other psychologists linked psychological studies of the child with
educational theories that focused on children and their need for
a supportive learning environment at home and school. (Osgood
9)
The educational system and other professions were understanding the need
for a supportive learning environment at home and school. A new change
that presented itself was helping parents acknowledge that there was a
disability in their household.
Since the 1800s and 1900s there has been significant changes in the
approaches and laws that impact and affect special education. The
twentieth century was a time that brought about changes and laws that
would impact those with disabilities. In 1958 President Dwight Eisenhower
along with Congress passed the National Defense Education Act (NDEA). The
purpose of the National Defense Education Act was to provide financial
funding to improve the teaching of science and mathematics in earlier
grades. Four days later President Eisenhower signed Public Law 85-926.
Public Law 85-926 was intended to provide financial support for colleges and

universities to train individuals in teaching and educating children with

mental retardation. Five years later Public Law 85-926 was amended to
include grants that would allow the training of college teachers and for
research to be conducted focusing on a variety of disabilities.
There was great federal and state advocates that children with
disabilities needed to have a better education. In 1966 Congress demanded
that a Bureau for Education of the Handicapped (BEH) be created under Title
VI of the Elementary and Secondary Education Act of 1965. Public Law 94142 through BEH increased the federal programs aimed at early childhood,
education of children who were blind and/or deaf, with multiple disabilities
and programs for children with specific learning disabilities. When the
government saw that many existing programs were formed to benefit those
with disabilities, Congress decided to pass the Education of the Handicapped
Act (EHA) in 1970. The passing of the EHA impacted the education of
students greatly. By 1973, 45 states had passed additional legislation to
improve the education of students with disabilities.
In 1973, Public Law 93-112 of the Rehabilitation Act in Section 504
stated that
any recipient of federal funding and assistance including state and local
educational agencies must end discrimination in the offering of it services to
persons with disabilities. However, the flaw in Section 504 of the
Rehabilitation Act was that it did not include funding or monitoring hence

not being able to ensure the end discriminatory actions against those with
disabilities.
Public Law 94-142 of 1974 or also known as the Education for All
Handicapped Children Act was passed. Through the Education for All
Handicapped Children Act all students with disabilities received a free,
appropriate public education and funding would be used to provide
additional assistance when needed. The Education for All Handicapped
Children Act was amended in 1983 and again in 1990. Along with the
amendments made in 1990 the Education for All Handicapped Children Act
was also renamed into the Individuals with Disabilities Education Act (IDEA).
In my teaching there are six laws that have impacted my classroom
even before I start teaching. These are the following laws that have an affect
on my classroom:

1. Section 504 of the Rehabilitation Act of 1973 (Public Law 93112):

It is illegal to deny participation in activities, benefits of programs, or to in
any way discriminate against a person with a disability solely because of that
disability. Individuals with disabilities must have equal access to programs
and services. Auxiliary aids must be provided to individuals with impaired
speaking, manual, or sensory skills.
2. Education for All Handicapped Children Act of 1975 (Public Law 94
142):

Students with disabilities have the right to a free, appropriate public

education. Schools must have on file an individualized education program for
each student with a disability. Parents have the right to inspect school
records on their child, and when changes are made in a student's
educational placement or program, parents must be informed. Parents have
the right to challenge what is in records or to challenge changes in
placements. Students with disabilities have the right to be educated in the
least restrictive educational environment. Students with disabilities must be
assessed in ways that are considered fair and nondiscriminatory. They have
specific protections.
3. Individuals With Disabilities Education Act of 1990 (Public Law 101
476):
Reauthorizes the Education for All Handicapped Children Act. Also Adds
two new disability categories (traumatic brain injury and autism) to the
definitions of students with disabilities. Adds a comprehensive definition of
transition services and includes provisions to make assistive technology
more widely available.
4. Amendments to the Individuals With Disabilities Education Act
(Public Law 10517) of 1997:
Specifies the participant of IEP teams and IEP documentation Adds
disciplinary changes to IDEA. Requires states to report on the performance
and progress of all students.
5. No Child Left Behind Act (Public Law 107110) of 2001:

Reauthorizes the Elementary and Secondary Education Act. Specifies that

its provisions are for all students, including those with disabilities. Requires
annual assessments in reading and math in Grades 38 and one year of high
school. Provides for literacy interventions through Reading First and Early
Reading First Gives entitlement to supplementary education services.
Allows increased parental flexibility in schools that are performing poorly
(entitlement to change schools or school districts).
6. Reauthorization of the Individuals With Disabilities Education Act of
2004 (IDEA).
Students with disabilities must be taught by highly qualified teachers who
have full certification in special education or pass a state special education
teacher licensing exam and hold a state license. New approaches are
permitted in identifying students as learning disabled. Discrepancy scores
are no longer required in identification of students with learning disabilities.
Fifteen percent of special education funds may go to providing support
services in general education to students not yet identified as disabled.
Special education teachers teaching to alternate achievement standards in
specific core academic subjects need to be certified in special education and
the core academic subject. Requirement of having benchmarks and shortterm objectives in IEPs is deleted. Development of multiple-year IEPs is
allowed on a selective basis. Transition planning must be results oriented.
Schools must appoint a parent surrogate for disabled students who are
homeless or wards of the court.

Understanding these laws for me has been extremely important.

Through the Section 504 of the Rehabilitation Act of 1973 (Public Law 93
112) I am informed that a student can participate in any activity or club and
that any additional accommodation for the student whether this be visual,
auditory must be provided. This allows me to always have a united
classroom environment where everyone participates and where respect,
trust and communication amongst peers is fostered.
The Education for All Handicapped Children Act of 1975 (Public Law 94
142) as a teacher is highly important because IEPs are introduced and I
must be familiar of the process of acquiring an IEP. This law also includes the
parents allowing them to review and challenge the IEP records. I really like
this idea because I believe the family of a student with disabilities must be
involved in order to help them succeed in school. This law also indicates the
students have and can be taught in a least restrictive educational
environment which is helpful to teach them allowing them to understand. As
a teacher, Individuals With Disabilities Education Act of 1990 (Public Law
101476) is very valuable because it allows for the use of technology to
facilitate learning and teaching. Also, I like how this law hold the state
responsible by having to report the performance and progress of the
students.
No Child Left Behind (NCLB) gives me mixed feelings. I do not like the
idea of special education students being tested like other students without

accommodations they are use to having in teaching and in the classroom.

However, I do see how NCLB can report and show the areas that need
additional support in hopes to provide this support for students with
disabilities. The Reauthorization of the Individuals With Disabilities Education
Act of 2004 (IDEA) states that teachers must be highly qualified teachers.
Haven taken multiple special education professional development
conferences I have learned that many time the teacher have no idea how to
teach and tailor the teachings for students with disabilities. This is not
acceptable because all students deserve a good education and as teachers
we must be prepared and through IDEA we are expected to learn how to be
better teachers. Through IDEA I also appreciate the changes made regarding
the IEPs. They are focused on the success of students, which is something I
want for all my future students.
My teaching philosophy is to view myself as a learner thus allowing me
to learn with my students as they continue to learn, having an open mind
allowing me to see things through their viewpoint, create a respectful
environment, valuing student individuality (always willing to make
accommodations), provide a variety of learning experiences, and reward
both effort and quality. Honestly before this class I was not constantly
thinking about the students I would have with disabilities. However this class
has made me ponder on how I will assist and teach those students with
disabilities. My teaching philosophy will not change since I want to have a
united and safe class that allows me to be there for all my students. Knowing

the current special education laws has definitely allowed me to be more

prepare for teaching and has also made me consider learning more about
special education in the classroom.

Bibliography
-

Dewey J. (1990). The School and

Society/The Child and the Curriculum.
Chicago, IL: University Of Chicago Press.

Martin, E.W, Martin, R. & Terman, D.L.

(1996). The Legislative and Litigation
History of Special Education. The Future
of Children, Vol. 6, No. 1, Special
Education for Students with Disabilities.
Retrieved from
http://www.jstor.org/stable/1602492?
seq=1#page_scan_tab_contents

Osgood R.L. (2008). The History of

Special Education. Westport, CT: Praeger Publisher.

Ysseldyke, J. & Algozzine, B. (2006). Which Laws Affecting Special Education

Should Every Teacher Know?. In J. Ysseldyke & B. Algozzine, The Legal
Foundations of Special Education. (pp.9-13). Thousand Oaks, CA: Corwin
Publisher

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