This presentation covers: -The connection between theory and decision making -The impact of legislation on special educators and their practices -How this legislation positively or negatively impacts families of students with exceptional learning needs -Common terminology and acronyms used in special education

1. Special Education Legislation Timeline
1890-1940s-Early Special Education Programs
The first special education programs were delinquency prevention programs for “at risk”
children who lived in urban slums. Curriculum focused on trade skills and “moral
training”. Special schools and special classes for children with disabilities, especially
deafness, blindness, and mental retardation did exist in 19th century America and
gradually increased during the 20th century.
1940
Programs for children with specific learning disabilities (called “brain injury,” “minimal
brain dysfunction,” and other terms) became more common. However, many early
special education programs were private and/or residential. Good special education
programs were rare and difficult to access. For most children with disabilities, special
education programs were simply not available.
1954-Brown v. Board of Education
African American children had the right to equal educational opportunities. After the
decision parents of children with disabilities began to bring lawsuits against their school
districts for excluding and segregating children with disabilities.
1965-Elementary and Secondary Education Act of 1965
Addressed the inequality of educational opportunity for underprivileged children.
1966
Congress amended the ESEA to establish a grant program to help states for the education
of handicapped children.
1970
Congress enacted the Education of the Handicapped Act (P.L. 91-230) in an effort to
encourage states to develop educational programs for individuals with disabilities.
(Neither ESEA or EOTHA included any specific mandates on the use of the funds
provided by the grant nor proved to significantly improved the education of children with
disabilities)
1971-PARC and Mills
PARC dealt with the exclusion of children with mental retardation from public schools.
Educational placement decisions must include a process of parental participation and a
means to resolve disputes.
Mills involved the practice of suspending, expelling and excluding children with
disabilities from the District of Columbia public schools. The school district’s primary
defense in Mills was the high cost of educating children with disabilities.

2. 1972-Congressional Investigation
After PARC and Mills, Congress launched an investigation into the status of children with
disabilities and found that millions of children were not receiving an appropriate
education. Congress issued a statement addressing the myths of society about the
education of the disabled. It would cost billions of taxpayer dollars to maintain these
persons as “burdens” in institutions. Congress stressed the need for educational services
and economic assistance to increase their independence so they may function in society.
It also informed parents of disabled children that they have been erroneously misled to
believe that their children would be unable to independently function in society. Later
that year, legislation was introduced establishing the “right to education for all
handicapped children”
1973 -Section 504 of the Rehabilitation Act of 1973 (Amended)
Prohibits discrimination on the basis of disability in any program or activity receiving
federal funding, including education and requires schools that receive federal funds to
provide a free appropriate public education to each qualified person, regardless of the
nature and severity of his or her disability.
1975-Public Law 94-142: The Education for All Handicapped Children Act of 1975
Initially, the law focused on ensuring that children with disabilities had access to an
education and due process of law. “Procedural safeguards” were established as system of
checks and balances designed to protect the rights of children and their parents.
2004-Individuals with Disabilities Education Improvement Act of 2004
(Reauthorizing the IDEA)
Focus on accountability and improved outcomes (emphasis on reading, early
intervention, and research-based instruction, requiring that special education teachers be
highly qualified). It also addressed overrepresentation of minority children in Special
Education. In the Findings of IDEA 2004, Congress “described ongoing problems with
the over-identification of minority children, including mislabeling and high dropout
rates”.
Aligning IDEA and NCLB
The IDEA 2004 reauthorization emphasized the need to align IDEA with other school
improvement efforts. The purpose of the No Child Left Behind Act of 2001 is “to ensure
that all children have a fair, equal, and significant opportunity to obtain a high-quality
education and reach, at a minimum, proficiency on challenging State academic
achievement standards and state academic assessments.”
States must:
1. Establish goals for the performance of children with disabilities that are
consistent with the goals and standards for nondisabled children.
2. Improve graduation rates and dropout rates, and to report the progress of
children with disabilities on state and district assessments.

3. Conclusion-Present Time
There is a critical need for adequately trained personnel through professional
development programs. Special education teachers who teach core academic subjects
must meet the “highly qualified” teacher requirements in NCLB and must demonstrate
competence in the subjects they teach.
These requirements for highly qualified special education teachers are alleged to bring
IDEA into conformity with the No Child Left Behind Act, but many argue are instead,
contradictory. It is difficult to require “highly qualified teachers” when you are also
enabling legislation that enlists the need for more teachers than ever.
With Betsy Devos at the reigns of current educational efforts, there is much question
about what’s next for Special Education. Many of these laws and regulations could be in
jeopardy in modern times.

4. The Education for All Handicapped Children Act
Public Law 94-142
 Prior to 1975, it was legal for states to prevent students with disabilities from
receiving an education (Bateman and Cline, 2016).
 In 1975, Congress passed Public Law 94-142 (PL 94-142). The law provided the
following:
 Guidance to states
 Allowed students with disabilities access to public education
 Provided financial assistance to states for special education and related
services
 In order for states to receive federal funding for special education, they had to
comply with the Public Law 94-142 (Yell, 2015).
 PL 94-142 gave rise to Public Law 108-446, Individuals with Disabilities
Education Act (IDEA).
Individuals with Disabilities Education Act (IDEA)
Public Law 108-446
 IDEA is law governing the education of students eligible for special education
and related services (Bateman and Cline, 2016).
 It changed everything for students with disabilities, and public education became
education for all (Bateman and Cline, 2016).
 Parents of students with disabilities have extensive rights to help ensure that the
education their child receives is appropriate (Bateman and Cline, 2016).
 IDEA has eight main principles. The table on the following page list IDEA’s
principals and its impact.

5. The Impact of Legislation
Principle Impact
 Child Find/Zero Reject School districts are required by law to seek out and
identify every eligible student with a disability living
within their jurisdiction. All students identified are to
receive an education based on their individual needs.
Nondiscriminatory Evaluation Before students with disabilities are eligible for special
education services, they must receive a
nondiscriminatory evaluation. Test Guidelines:
 administered in the student's native language.
 appropriate for the student's age and suspected
disability.
 More than one test must be used in determining the
disability and need for services.
 Trained individuals must administer the tests.
 All areas of suspected disability must be assessed.
 All decisions must be made by a team, not a single
individual.
 To be eligible students must meet specific criteria;
school districts serve students' educational needs
under specified disability categories.
 Individualized Education Program
(IEP)
A contract between the district and the student's parents.
Listing educational and intervention services specifying
the types and amount of services.
 Free Appropriate Public Education
(FAPE)
Educational services are at no cost to the family and must
be appropriate allowing the student to make progress in
the general curriculum
 Least Restrictive Environment
(LRE)
Students are to participate fully, both academically and
socially in the general education classrooms
 Confidentiality Discuss information only with others who need to know
and a log kept of all who see the records.
 RelatedServices Eligible for related services that are required to assist a
child that will benefit from special education.
 Parent Participation The parents or guardians are equal participants in the
process and must give permission for the evaluation,
participate in the development of the IEP, and agree to
any changes in either the program or placement.

6. Effects on Parents/Families
Rights of Parents:
• to receive a complete explanation of all the procedural safeguards available under
IDEA and the procedures in the state for presenting complaints
• to inspect and review the educational records of their child
• to participate in meetings related to the identification, evaluation, and placement of
their child, and the provision of FAPE (a free appropriate public education) to
their child;
• to obtain an independent educational evaluation (IEE) of their child;
• to receive “prior written notice” on matters relating to the identification, evaluation, or
placement of their child, and the provision of FAPE to their child;
• to give or deny their consent before the school may take certain action with respect to
their child;
• to disagree with decisions that the school system makes with respect to their child
with a disability. This includes the school’s decisions about:
1. the identification of the child as a “child with a disability”
2. the child’s evaluation
3. the child’s educational placement
4. the special education and related services that the school provides to the child.
Positive Outcomes of Legislation:
-Financial strain taken off families (FAPE)
-Least restrictive environment and inclusion practices yielding more successful adult
transition
Negative Results of Legislation:
-Teacher and school accountability are hard to monitor
-Impact on special educators is not considered.
-Hard to align child’s needs/IEPs with common core standards of non-disabled peers
-NCLB and “highly qualified” teachers clause is contradictory
-Focus on disability and needs as opposed to child as a whole
-Students are still grouped at times, defeating the purpose.

7. Special Education
Common Acronyms, Terminology, and Definitions
Acronyms Meaning Definition
504 Section 540 of the Rehabilitation Act The first national civil rights legislation
that provided equal access for students
with disabilities to higher education
institutions receiving federal financial
assistance.
ADA Americans with Disabilities Act discrimination against a disabled person
is illegal in employment, transportation,
public accommodations,
communications and government
activities.
ADR Alternative Dispute Resolution Alternative opportunities to resolve
disputes and avoid litigation, through
negotiation, mediation, or arbitration
APE Adapted Physical Education developmental activities, games, sports,
and rhythms suited to the interests,
capabilities and needs of students who
may not successfully engage in a regular
P.E. program
AT Assistive Technology Device Equipment used to increase, maintain, or
improve functional capabilities
CDC California Diagnostic Center California Diagnostic Centers provides
no cost assessment in educational
planning service
DOE U.S. Department of Education Promotes student achievement and
preparation for global competitiveness
by fostering educational excellence and
ensuring equal access
DOR Department of Rehabilitation assists with disabilities to obtain and
retain employment and maximize their
equality and ability to live
independently in their communities.
FAPE Free and Appropriate Public Education services provided to students with
disabilities at public expense and under
public supervision and direction at no
cost to the student’s parents.
FERPA Family Educational Rights and Privacy
Act
A federal law that regulates the
management of student records and
disclosure of information from those
records, with its own administrative

8. enforcement mechanism
IDEA Individuals with Disabilities Education
Act
Federal law entitles students with
disabilities special education services.
IEE Independent Educational Evaluation Evaluation from a qualified person.
Parents have the right to obtain an IEE if
they disagree with the results. Any IEE
must be considered at the IEP.
IEP Individualized Educational Program Annual record of special education and
related services, describing the unique
educational needs and the manner in
which needs will be met.
IFSP Individualized Family Service Plan A plan providing early intervention
services from birth to 3rd birthday and
to the child’s family.
LRE Least Restrictive Environment Federal mandate stipulating that, to the
maximum extent possible, students be
educated with their non-disabled peers.
NCLB No Child Left Behind The Focus of No Child Left Behind is to
close student achievement gaps by
providing all children with a fair, equal,
and significant opportunity to obtain a
high-quality education.
OCR U.S. Office for Civil Rights A Federal government’s executive
branch within the Department of
Education charged with enforcing a
number of civil rights statutes.
OEO Office of Equal Opportunity An office that will advise the State
Superintendent of Public Instruction,
staff, and State Board of Education on
legal matters to ensure equal, fair, and
meaningful access to employment and
program services.
OSEP U.S. Office of Special Education
Programs / DOE
charged with assuring that the various
states comply with IDEA.
OSERS U.S. Office of Special Education and
Rehabilitation Programs
An agency in the Federal government’s
executive branch within the Department
of Education
OT/PT Occupational Therapy/Physical Therapy An Occupational Therapist assessment
of fine motor, oral motor, visual motor,
and visual perceptual skills; sensory
processing; upper body strength; range
of motion; and bilateral coordination/ A
Physical Therapist administers pain
relief; increased endurance; balance and

9. coordination; ambulation and
wheelchair mobility; positioning in the
home, classroom or workplace; and
gross motor skills.
SLP A Speech and Language Pathologist The therapist focuses on a client’s
speech, language and cognitive deficits
and will seek to improve functional
communication
SPED Special Education Specially designed instruction, at no
cost to parents, to meet the unique needs
of an individual, including the specially
designed instruction conducted in
schools, in the home, in hospitals and
institutions, and in other settings.
Provides a continuum of services in
order to provide for the education needs
of each eligible individual regardless of
the nature or severity of the educational
needs
References
Disability Rights Education & Defense Fund Doing Disability Justice. Special Education
Acronyms and Glossary. Retrieved from https://dredf.org
Us Department of Education: Home. Retrieved from https://www.ed.gov
Bateman, D.F. & Cline, J.L., 2016. Teacher’s Guide to Special Education. Upper Saddle
River, NJ: Retrieved from http://www.ascd.org
INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA). (2017). Virginia
Department of Education Commonwealth of Virginia. Retrieved from
http://doe.virginia.gov/federal_programs/idea/index
No Child Left Behind Act 2001 (January 27, 2011) Retrieved from
www.k12.wa.us/esea/NCLB.aspx
Rehabilitation Services Administration – U.S. Department of Education (May 16, 2017).
Retrieved from https://www2.ed.gov
SJ 10 Students with developmental and intellectual disabilities; SCHEV.(2014) David W.
Marsden. Virginia Legislative Information System. Retrieved from http://lis.virginia.gov
Virginia Again Earns Top Special Education Rating. (2017) Michael Berhmann.

10. Walker Therapy - Therapy Disciplines (OT, PT, SLP). (2009). Retrieved from
walkertherapy.com/therapy-disciplines/ Walker Therapy | info@walkertherapy.com
Wrightslaw: Special Education Law, 2nd Edition, Chapter 3.
Yell, M. L. (2015). The law and special education (4th ed.). Upper Saddle River, NJ:
Pearson.