I.D.E.A. :INDIVIDUALS WITH DISABILITIES EDUCATION ACT

Educational Rights of Children with Disabilities.

About I.D.E.A.

Congress finds the following:

(1) Disability is a natural part of the human experience and in no
way diminishes the right of individuals to--

(A) live independently;
(B) enjoy self-determination and make choices;
(C) benefit from an education;
(D) pursue meaningful careers; and
(E) enjoy full inclusion and integration in the economic,
political, social, cultural, and educational mainstream of society in
the United States.

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Some basic facts about the I.D.E.A. are:

• The Elementary and Secondary Education Act of 1965 (ESEA), P.L. 89-10, was intended to strengthen and improve educational quality and opportunity, and is generally considered the foundation upon which all future legislation benefitting education for the disabled was based. The Elementary and Secondary Education Act Amendments of 1965, P.L. 89-313, (enacted eight months later) provided authorization of the first federal grant program intended specifically for disabled children and students- provided for state agency grants that allowed funding to state -operated and/or -supported schools and institutions.

• The Elementary and Secondary Education Act Amendments of 1966, P.L. 89-750 (Title IV), enacted a federal grant program established to fund local school level education of disabled children.
  • Established the Bureau of Education for the Handicapped (BEH) - purpose: administration of Office of Education programs for disabled children.
  • Established the National Advisory Council (NAC), now known as the National Council on Disability.

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  • IDEA was implemented in 1975, then called the Education for All Handicapped Children Act of 1975 - P.L. 94-142. This law, and its subsequent amendments, helps to form the current core of protection against discrimination; it also helps support current guarantees of equal education opportunity for individuals with disabilities. The law went into effect in October 1977 after regulation finalization.

• Before the passage of the IDEA approximately 90% of developmentally disabled children were placed in state institutions. Now, due to the changes brought about by IDEA, there has been a 300% increase in the number of disabled students enrolled in colleges and/or universities, and a 100% increase in the number of disabled individuals employed by age 21. Despite these improvements, nearly twice as many disabled children drop out of school, never to return, and exclusion of disabled children from assessments and curriculum used with their peers still occurs, resulting in limited performance standards.
  

• Eligibility for services under IDEA: children ages 3-21 in need of special education and related services as a result of a disabling condition are eligible. Eligibility is determined through a "non-discriminatory evaluation" by the school district's multidisciplinary team of subject area specialists using non-discriminatory materials that cover the range of the disability area.

• Current bills that pertain to the IDEA include:
  • HR 1 - No Child Left Behind Act of 2001. 107th Congress, 1st Session, U. S. House of Representatives, March 22, 2001, passed in the House 5/23/01, passed in the Senate 6/14/01. This bill is intended to close the achievement gap using accountability, choice, and flexibility.
  • HR 651 - Safe Classrooms Act of 2001. 107th Congress, 1st Session, U. S. House of Representatives: Introduced in the House, 02/14/01, this bill to amend the IDEA is intended to increase the scope of authority of school officials to discipline disabled children who engage in specific dangerous activities on school grounds.
  • HR 737, Mandatory IDEA Full Funding Act of 2001, 107th Congress, 1st Session, U. S. House of Representatives, February 27, 2001, Introduced in the House, 02/27/01, This bill would amend the IDEA to provide full funding for assistance for education of all children with disabilities.

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A Chronology of the Disability Rights Movement
This timeline from San Francisco State University's Office of Human Relations' Disability Programs Unit begins in 1817. (for alternate link, click here.)

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