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Education for All Handicapped Children Act of 1975

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Education for All Handicapped Children Act of 1975

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PL 94-142

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Similar to IDEA 1997, IDEA 2004 further pushes the public to acknowledge the immensely beneficial role assistive technology can have for individuals with disabilities. IDEA 2004 pushed funding towards projects that would develop better technology, services that would maximize the technology's uses, and inclusion of individuals with disabilities (Dell et al., 2017). This all somewhat benefits people today indirectly through funding, but it is a good reiteration of the work we still need to do to better support individuals with disabilities.

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IDEA 1997 was revolutionary in that it gave more students the opportunity to be considered for receiving assistive technology services/devices (Dell et al., 2017). By expanding consideration of assistive technology to all students receiving special education, the notion that maybe everyone could benefit from assistive technology became more popular. This shift in attitude could have pushed educators, researchers, and legislators to consider things like universal design as a universal benefit. This would have impacted all individuals with disabilities, not just children and students.

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A benefit from IDEA 1990 that I find interesting was the replacement of problematic terminology in legislation. Personally, I think the government is a role model figure that attempts to represent the average American. By replacing outdated terms with more politically correct ones, the government set a status quo for language surrounding individuals with disabilities. I think that this was a subtle, but significant, step towards the right direction in the way we talk, therefore think, about people with disabilities.

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IDEA 2004 added an exception to the definition of "assistive technology devices" by excluding surgically implanted medical devices. It kept the requirement of consideration from the 1997 reauthorization, and it prioritized funding for development of universal design and assistive technologies. By emphasizing how crucial assistive technology can be for quality education, IDEA 2004 is attempting to broaden accessibility to devices and services that can benefit students with disabilities (Dell et al., 2017).

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IDEA 1997 was a notable reauthorization of this act because it clearly defined "assistive technology decives" and "assistive technology services," and it required assistive technology needs to be considered for every student receiving special education. Although assistive technology could still be deemed unnecessary for some students receiving special education, the consideration requirement led to many more students receiving technological accommodations. This is because schools were obligated to consider every student in special education for assistive technology needs, not just students with severe disabilities (Dell et al., 2017).

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IDEA 1990 reauthorized PL 94-142 and renamed it from "Education for All Handicapped Children Act" to "Individuals with Disabilities Act." It also expanded the disability categories recognized for special education to include traumatic brain injury and autism (U.S. Department of Education, 2020). Although this act did not mention assistive technology, IDEA 1990 made it possible for more students to be eligible for assistive technology devices and services by recognizing more disability categories. For example, students with Autism Spectrum Disorder, who might not have had access to devices and services that would make their education equal to that of their peers, were now entitled to receive the educational accommodations they needed.

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People with disabilities today continue to benefit from the ADA because it made discrimination based on disability illegal in not just federal agencies, but public places, places of employment, schools, and much more. This benefits individuals with disabilities today because they are protected under the law if they are being discriminated, excluded, or denied services because of their disability anywhere they go. In addition, ADA covers all individuals with disabilities, whereas IDEA covered children from early childhood to 18 and then 21 (Dell et al., 2017).

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PL 94-142 significantly impacted all people with disabilities because it marked a turning point in special education approaches and rights for  people with disabilities. Establishing FAPE and LRE in legislation drastically changed the standard that students with disabilities were held at and gave them more equal access to the education their peers were receiving. This opened the door to opportunities, careers, and activities that might not have been possible for people with disabilities before having access to FAPE (U.S. Department of Education, 2020).

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The Americans with Disabilities Act (ADA) made it illegal to discriminate based on disability in any entity, not just places receiving federal funds, like Section 504 detailed. The ADA does not mention "assistive technology," but it is assumed to be implied in "auxiliary aids and services." ADA specifically benefits students with disabilities pursuing higher education because they are no longer protected under IDEA. Fortunately, colleges and universities provide similar accommodations under ADA (Dell et al., 2017).

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The Tech Act's main purpose was to increase awareness of and access to assistive technology devices and services for people with disabilities as defined by the act (Technology-Related Assistance for Individuals with Disabilities Act, 1988). By creating laws and definitions surrounding assistive technology, Congress helped bring public attention to the benefits of assistive technology. In the Tech Act, the purpose for incorporating assistive technology is to improve the functional capacity of people with disabilities, as opposed to having the purpose of access to FAPE like in IDEA. This shift in purpose for legislation regarding individuals with disabilities paved the way for more and more things in our every day lives being made with a universal design.

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The Tech Act provided the first definition of "assistive technology device" and "assistive technology service" and guaranteed the availability of both to Americans with disabilities. The definition legislators wrote up in the Tech Act was used later in the Individuals with Disabilities Education Act of 1997 to provide a framework for assistive technology devices/services in the school setting (Texas Assistive Technology Network, 2004).

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Another part of the Rehabilitation Act, Section 508, discusses accessibility to information technology. This law mandates all federal agencies to only use interfaces, software, and devices that are accessible to people with disabilities. This significantly helped people with disabilities have equal access to information, and it helped set an example and standard for non-governmental entities (Dell et al., 2017).

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PL 94-142 mandated
children with disabilities are entitled to a free, appropriate public education (FAPE) in the least restrictive environment (LRE). It also asked that schools keep track of the educational goals and efforts of children with disabilities. This law was later amended to become the Individuals with Disabilities Education Act (U.S. Office of Special Education Programs, 2007). This law meant schools had to provide students with the assistive technology/services they needed to have FAPE, making the technology and services more accessible to students with disabilities (Texas Assistive Technology Network, 2004).

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How does legislation have a real effect on a student? How could we use legislation to further improve childrens' lives?  

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How does legislation have a real effect on a student? How could we use legislation to further improve childrens' lives?  

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Section 504 of the Rehabilitation Act of 1973 prohibits discrimination (exclusion or denial of services) based on an individual's disability in any program or service funded by the federal government. This set the stage for access to assistive technology for students because public schools are federally funded, therefore students with disabilities could be entitled to assistive technology if they require in order to have an education equal to that of their classmates (Dell et al., 2017).

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Individuals with Disabilities Education Act of 2004

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Individuals with Disabilities Education Act of 2004

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IDEA 2004

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Individuals with Disabilities Education Act of 1997

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Individuals with Disabilities Education Act of 1997

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IDEA 1997

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Individuals with Disabilities Education Act of 1990

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Individuals with Disabilities Education Act of 1990

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IDEA 1990

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Technology Related Assistance for Individuals with Disabilities Act of 1988

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Technology Related Assistance for Individuals with Disabilities Act of 1988

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The Tech Act

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Education for All Handicapped Children Act of 1975

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Education for All Handicapped Children Act of 1975

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PL 94-142