Progress, not perfection. by Carter, Francisca https://padlet.com/fmtcarter/spc0bxxq0gmtijqm The ever-changing improvement of special education laws. en-us 2020-06-10 14:49:17 UTC 2020-06-10 22:10:08 UTC hello@padlet.com Rehabilitation Act of 1973 fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621009652 Section 504 of the Rehabilitation Act of 1973 prohibited that individuals with disabilities be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program receiving federal funds (Dell, Newton, & Petroff, 2017). Section 504 set the stage to provide assistive technology (AT) to students by providing rights to all students with disabilities, not just those in special education. This is beneficial for all students like Sady who have a disability because it encompasses their right to a free appropriate public education (FAPE) even if they are not covered under special education laws. ]]> 2020-06-10 16:03:18 UTC https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621009652 EAHCA of 1975 fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621011076 The Education for All Handicapped Children Act (EAHCA) of 1975 required public schools accepting federal funds to provide equal access to children with physical and mental disabilities, evaluate these students, and create an evaluation plan with the parents (Govtrack, 2019). Later known as the Individuals with Disabilities Education Act (IDEA), the EAHCA helped set the stage for students with disabilities because it began laying the groundwork that provided supports, including those involving AT (even if it was still yet to be clearly defined). As this law would continue to be reformed over the years, it was beneficial for students like Sady because it included the necessary supports to ensure FAPE for students in special education.]]> 2020-06-10 16:04:09 UTC https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621011076 Tech Act of 1988 fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621011659 The Technology-Related Assistance for Individuals with Disabilities Act of 1988 (Tech Act of 1988) was the first to guarantee assistive technology for individuals with disabilities. Furthermore, the Tech Act of 1988 defined the terms "assistive technology device" and "assistive technology service" (Texas Assistive Technology Network, 2004). This law was extremely important in setting the stage as to what constituted as AT for individuals with disabilities, especially since it would later be adapted into IDEA. This law is beneficial for individuals like Sady because it explicitly defines what is considered AT and, thus, what devices and services students with disabilities are eligible for to ensure FAPE. ]]> 2020-06-10 16:04:28 UTC https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621011659 Americans with Disabilities Act fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621012471 As a civil rights legislation, the Americans with Disabilities Act (ADA) guarantees the civil rights of individuals with disabilities in public places (Dell, Newton, & Petroff, 2017). This law sets the stage for individuals with disabilities as they enter their post-secondary life. For example, in a post-secondary educational environment, although these individuals are no longer covered by IDEA, they are often able to to receive the necessary assistive technology through the "auxiliary aids and services" phrase stated in the ADA (Dell, Newton, & Petroff, 2017). This law is beneficial for individuals like Sady because it ensures they will still receive the AT devices and services they require to be successful as they further their life and education beyond high school. ]]> 2020-06-10 16:04:54 UTC https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621012471 IDEA 1990 fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621012833 Formally known as the EAHCA, IDEA 1990 added traumatic brain injury and autism to the list of included disabilities. Also, individualized transition plans became a mandatory component of individualized education program (IEP) meetings to help plan for a student's transition into post-secondary life (The University of Kansas, 2020). This law set the stage for AT because it included a wider range of disabilities to be eligible for special education services and included a plan for their transition into adult life. This is beneficial for individuals like Sady because it guaranteed greater long-term success for a wider range of individuals. ]]> 2020-06-10 16:05:06 UTC https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621012833 IDEA 1997 fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621013124 The reauthorization of IDEA 1997 adopted the specific AT definition from the Tech Act of 1988. This definition enabled every special education individual to be considered for AT, which in turn increased the number of students and the range of disabilities that were now eligible for AT (Dell, Newton, & Petroff, 2017). This law set the stage for special education individuals to be further guaranteed FAPE by carefully evaluating their learning needs. This law was extremely beneficial for individuals like Sady because it ensured all special education students would receive consideration as to whether AT would benefit their learning needs. ]]> 2020-06-10 16:05:16 UTC https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621013124 IDEA 2004 fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621014251 Extremely similar to IDEA 1997, IDEA 2004's only adjustment was to remove surgically implanted medical devices and replacement of these devices from the AT definition (Dell, Newton, & Petroff, 2017). Although a portion of AT rights were removed from the law, IDEA 2004 continues set the stage in guaranteeing the rights of special education childrens FAPE in the least restrictive environment. While this may not be beneficial to students who truly need implanted medical devices, it does continue to benefit students like Sady because they are still able to receive a wide range of AT devices and services in the learning environment. ]]> 2020-06-10 16:05:43 UTC https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621014251 Barriers fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621423411 While there are many potential barriers schools may experience in implementing federal statutes to ensure FAPE to students with disabilities, some of the barriers may include availability, personnel, and funding. If a student is evaluated and determined to need AT devices and/or services, it is quite possible their school may not have the proper equipment available. While this may be less likely in a larger school district, a smaller school district may have to locate the proper equipment and/or services.  Another barrier schools may experience is the staffing and training of their personnel. For example, if the necessarily deemed AT device requires special handling, staff members on campus may not know about the technology. Outsiders may have to be brought in and/or staff members would have to partake in necessary training. A final potential barrier could be school funding. Individual schools and districts are allocated a set amount of funds at the beginning of the school year. Thus, if, for whatever reason, a school did not have appropriate funds for the necessary AT, they may have to seek financial assistance from the school district. Similarly, if the district did not have the funds available, they may have to reach out to the state. With each of these barriers, although the student would be ensured the AT determined necessary at their IEP, it may inhibit the time in which they initially receive their service and delay the students academic successes.]]> 2020-06-10 20:36:45 UTC https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621423411 Future Legislation fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621433191 As an educator, I know we are not required to take many special education trainings. Perhaps future legislation could require that all teachers, include general education teachers, are required to take a minimum amount of special education training so they are more knowledgeable about the needs, supports, and laws revolving around special education students. In this way, in the case that a teacher receives a special education student with many supports, they are already informed about how to incorporate the individualized needs of the students right away. ]]> 2020-06-10 20:45:58 UTC https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621433191 References fmtcarter https://padlet.com/fmtcarter/spc0bxxq0gmtijqm/wish/621443263 Dell, A., Newton, D., Petroff, J. (2017). Assistive Technology in the Classroom: Enhancing the School Experiences of Students with Disabilities: 3rd Edition. Pearson: Columbus, Ohio. ISBN-13: 978- 0134170411 ISBN-10: 0134170415
 
Govtrack. (2019).

S. 6 (94th): Education For All Handicapped Children Act. Govtrack.

https://www.govtrack.us/congress/bills/94/s6/summary

Texas Assistive Technology Network. (2004).  Providing Assistive Technology: A Legal Perspective. Texas Assistive Technology Network.

The University of Kansas. (2020). Timeline of the Individuals with Disabilities Education Act (IDEA). The University of Kansas - School of Education.
https://educationonline.ku.edu/community/idea-timeline 
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