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Policies that were created to support and protect individuals with disabilities

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Policies that were created to support and protect individuals with disabilities

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Section 504
Section 504 of the Rehabilitation Act states that "No... individual with a disability in the United States … [shall] be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" solely by reason of her or his handicap (Dell et.al., 2007, p. 7). This policy been reauthorized several times since its approval, and requires all school districts to comply as recipients of federal funds. This policy is often viewed as a civil rights provision, and applies to ALL students with disabilities, including those who may not eligible for special education under the IDEA Act of 2004 (Dell et.al., 2007).

Section 508
Section 508 of the Rehabilitation Act recognizes the importance of providing access to informational technology, and requires all federal agencies to make their websites and computer systems accessible to individuals with disabilities and to purchase only those equipment items that provide such access. While Section 508 applies only to federal agencies, its impact has encouraged the development of accessible technologies (Dell et.al., 2007).

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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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This policy is now enacted as the Individuals with Disabilities Education Act (IDEA), and was created to ensure that all children were able to have access to public education with any limitations. This policy established the responsibility of states to educate children with disabilities, and provide all students special education and related services designed to meet their unique needs. It also assured that the rights of children with disabilities and their families are protected, and comply to the equal protection clause of the 14th Amendment (U.S. Department of Education, n.d.).

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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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This policy was used to increase public and government awareness of the need for assistive technology devices and services, and provided states with grants to make assistive devices and services more readily available. States also received funding for local, cultural, community organizations to provide assistive technology training to traditionally underserved populations, and developed a series of video-based training materials to train rehabilitation counselors in the provision of assistive technology (U.S. Department of Education, 2007).

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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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The Education of the Handicapped Act Amendments of 1990, also known as the Individuals with Disabilities Education Act (IDEA) of 1990,  further expanded the goals outlined in The Education for All Handicapped Children Act of 1975. This act established the use of “people-first” language, and replaced the derogatory language previous used to address  individuals with disabilities that highlights the individual rather than their disability. It also expanded special education services to children between the ages of three and twenty-one, and may even extend these extend these services to infants from birth to age two (Nevada Educational Advocacy Center for Children & Youth, 2016).

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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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This reauthorization of IDEA clearly defined assistive technologies, and required the consideration of assistive technology for each student receiving special education services. By  considering the need of assistive technology into every individualized education program (IEP), IDEA 1997 significantly increased the number of students receiving assistive technology solutions in school. While this this allow more students to have access to these resources, the phrase consideration does not mean that students were promised access to assistive technology only that they would be tested to see if it would be beneficial to their education. As a result, assistive technologies were typically granted to students with severe disabilities (Dell et.al., 2007).

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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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This is the most recent authorization of the federal of the Individuals with Disabilities Act, and provides the foundation for all special education services grades P-12. Only slight changes have been made to the definition of assistive technology  provided in 1997, students with surgically implanted medical devices are no longer supported (Dell et.al., 2007). Assistive technologies are still a special factor that are considered when creating an IEP, and must be used to "maximize children with disabilities’ access to and participation in the general education curriculum" (Dell et.al., 2007, p. 7).

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This civil rights law was created to prevent discrimination against individuals with disabilities in all public institutions regardless of whether or not they receive federal funds. It is also the main source of protection for students pursuing postsecondary education, and requires all colleges and universities to provide accessible programs and “auxiliary aids and services”  to all of their students.  Teachers and other school personnel are also required to help students and their families find and learn how to use these tools (Dell et.al., 2007, p. 8).

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How do individuals like Sady benefit today from the progress made with each law?

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How do individuals like Sady benefit today from the progress made with each law?

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While individuals with cerebral palsy may not have an intellectual or learning disability, these laws and services can also be used to benefit those with physical disabilities to ensure that they are also included and provided with the resources they need to succeed.  For example, students with medical conditions can also qualify for assistive services under the Rehabilitation Act of 1973, and override the restrictive qualifications included in policies like IDEA 2004. An IEP can still be made to promote positive educational growth, and the student will still be able to receive access to resources in and outside of the classroom. This balance also ensures that more students are entitled to educational accommodations, and cannot be denied an education equal to that provided for their peers. These individuals are also covered in public and professional settings as adults, and may continue to receive educational resources without an IEP.

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Dell, A., Newton, D., Petroff, J. (2017). Assistive technology in the classroom: enhancing the school experiences of students with disabilities (3rd ed.). Pearson.

Nevada Educational Advocacy Center for Children & Youth. (2016, July 24). PL 101-476. https://www.neaccy.org/resources/pl-101-476/

U.S. Department of Education. (2007, July 19). Archived: A 25 Year History of the IDEA.

https://www2.ed.gov/policy/speced/leg/idea/history.html#:~:text=Congress%20enacted%20the%20Education%20for,with%20disabilities%20and%20their%20families.

U.S. Department of Education. (n.d.). Technology-Related Assistance.

https://www2.ed.gov/pubs/Biennial/336.html