References:
https://law.justia.com/cases/federal/appellate-courts/F2/874/1036/382507/
https://www.k12academics.com/Federal%20Education%20Legislation/Individuals%20with%20Disabilities%20Education%20Act/Six%20Pillars%20of%20IDEA/Least%20

 

Section 504 of the Rehabilitation Act of 1973 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance. Those programs include public school districts, institutions of higher education, and other state and local education agencies.

 

Who qualifies: 

To qualify under Section 504, a student must have a physical or mental impairment affecting a body system that substantially limits one or more major life activities, including walking, seeing, hearing, speaking, etc.

 

Who does the evaluation:

The school district must conduct an evaluation in a timely manner when a student needs or is believed to need services because of a disability. Decisions must be made by a group of school personnel who are knowledgeable about the child, the meaning of the data, and the placement options.

 

If the child is eligible: 

Section 504 requires a school district to provide a “free appropriate public education” (FAPE) to each eligible student in its jurisdiction, regardless of the nature or severity of the disability. Under Section 504, an appropriate education for a student with a disability could consist of education in a regular classroom, education in a regular classroom with supplementary services, or special education and related services.

 
Reference
https://askearn.org/page/the-rehabilitation-act-of-1973-rehab-act

https://www.pacer.org/parent/504/?gclid=Cj0KCQiApL2QBhC8ARIsAGMm-KFO91_thEsdq7PfKmq4WvJq9Hw9Ti-EDbmdgBn7WoLSYw7lFYGaTg0aAtgCEALw_wcB
https://www.parentcenterhub.org/section504/#:~:text=Section%20504%20of%20the%20Rehabilitation%20Act%20of%201973%2C%20as%20amended,secondary%20schools%2C%20among%20other%20entities.

 

On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.

The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for individuals seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

References:
https://adata.org/factsheet/ADA-overview
https://adata.org/learn-about-ada
https://www.eeoc.gov/statutes/americans-disabilities-act-amendments-act-2008

The BEA was introduced in 1967 by Texas senator Ralph Yarborough who saw the need of the increasing number of Mexican immigrants in Texas and other southwestern states. The BEA was signed by President Lyndon B. Johnson on January 2, 1968. 

While the BEA addressed all linguistic minorities in the country, the passage of the act was spearheaded by Spanish speakers.

The Bilingual Education Act (BEA) was an amendment to the Elementary and Secondary Education Act of 1965.

Sources: 

https://www.britannica.com/topic/Bilingual-Education-Act 

https://www.k12academics.com/Federal%20Education%20Legislation/bilingual-education-act 

https://www.youtube.com/watch?v=FTXnbIJ3yCM 

  clarifying that every individual who is eligible for LTSS has a federally protected right to a real choice in how they receive services and supports
  assuring that states and other LTSS insurance providers deliver services in a manner that allows disabled individuals to live in the most integrated setting, have maximum control over their services and supports, and lead an independent life
  articulates the right to live in the community without creating unnecessary or wasteful Government programs; States have broad latitude to determine how they
will secure that right
  establishing a comprehensive planning requirement that includes enforceable benchmarks
  requiring public entities to address the need for affordable, accessible, integrated housing that is independent of service delivery

References:
https://www.congress.gov/bill/116th-congress/senate-bill/117
https://www.congress.gov/bill/116th-congress/house-bill/555
http://www.disabilityintegrationact.org/fact-sheet/

 

IDEIA requires schools to use the Response to Intervention (RTI) model in the process of assisting students with learning difficulties, or determining eligibility for special education. RTI focuses on providing more effective instruction by encouraging earlier intervention for students experiencing difficulty learning. The assumption is that this will prevent some students from being identified as LD by providing intervention as concerns emerge.

 

References:

The ESEA is made up of a variety of subdivisions including Title I. Over 80% of the authorized ESEA funds go to Title I as it disperses funding to low-income school districts. Its main focus was to eliminate the learning gap from children living in low-income households and children living in middle class households. Every five years to follow, the bill was reauthorized in which many adjustments and amendments were implemented. 

References:
1. YouTube Video: https://youtu.be/4okt6u6OEkg
2. Article: Social Welfare History Project Elementary and Secondary Education Act of 1965 (vcu.edu)
3. Article: Microsoft Word - ESEA.docx (netdna-cdn.com)

 

The four purposes of IDEA: To ensure equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.

IDEA is composed of six main elements that illuminate its main points. These six elements are: Individualized Education Program (IEP); Free and Appropriate Public Education (FAPE); Least Restrictive Environment (LRE); Appropriate Evaluation; Parent and Teacher Participation; and Procedural Safeguards.

 

Reauthorizations: The 1990 reauthorization (Public Law 110-476) changed the law’s name from EHA to the Individuals with Disabilities Education Act, or IDEA. It also added traumatic brain injury and autism as new disability categories. Additionally, Congress mandated that as a part of a student’s individualized education program (IEP), an individual transition plan (ITP) must be developed to help the student transition to post-secondary life.

The 1997 (Public Law 105-17) reauthorization articulated a new challenge to improve results for children with disabilities and their families. This included an emphasis on access to the general curriculum. Additionally, states were given the authority to expand the “developmental delay” definition to also include students up to age nine. The law also required parents be provided an opportunity to attempt to resolve disputes with schools and local educational agencies (LEAs) through mediation and provided a process for doing so.

 

Facts and Figures: Of student with disabilities ages 14 through 21 who were known to have left school in the 1994-95 school year:

52% graduated with a regular diploma,

63% graduated with a regular diploma or certificate of completion, and

34% dropped out.

 

Outcome after implementation of IDEA: 

The proficient in reading and math for students with disabilities have not changed a lot after 25 years. Most of the students with disabilities receive classes in general classrooms. 

In the future, educators will increasingly use the power of technology to help students with disabilities. 

 

References

https://sites.ed.gov/idea/IDEA-History#1980s-90s