According to data from the National Center for Education Statistics (NCES) , there are about seven million students aged 3 to 21 receiving special education services in the U.S.—14 percent of all public school students. Special education students have distinct needs and rely on a teaching environment tailored to them. With that in mind, our nation’s schools have evolved over the years to refine their approaches to educating special needs students.
One notable change has been the shift toward a more inclusive classroom structure that allows such students to learn in the general education environment alongside their peers. This means it isn’t just special education teachers who need to be well-versed in the laws and regulations that impact students with special needs—all teachers should have a solid understanding of special education as well as its laws and policies.
Understanding the different stages of autism education is crucial for providing the best support and opportunities for individuals with autism and the necessity of specialized laws revolving around autism education. From early childhood through adulthood, each stage requires tailored approaches to ensure successful development and integration into society.
Many early childhood educators and parents recognize that the first three years of life are crucial to a child’s development. Although the average age of diagnosis is between 3 and 6 years old, the American Academy of Pediatrics recommends that check-ups between 18 and 24 months should include developmental screening for autism spectrum disorders (ADS) for all children. Early detection can translate to early intervention, which can make a huge difference for children both behaviorally and functionally for their future well-being. The Autism Society identifies various approaches to early intervention including:
The primary force driving fair learning opportunities to all is the Individuals with Disabilities Education Act (IDEA) , which guarantees free and appropriate education that is based on a child's age, ability, and developmental level. The legislature has many principles including the Individualized Education Program (IEP) , a Least Restrictive Environment (LRE) , parent and student participation in decision-making, and procedural safeguards.
These federal laws overall support the claims of most professionals that school-age children with autism respond well to highly structured, specialized education programs. Educational planning often addresses a wide range of skill development including academics, communication, social skills, self-help abilities, behavioral issues, and sensory integration.
Familiarizing yourself more with these laws can help you gain a better understanding of how special education has progressed over time.
Originally passed in 1975, the Education for All Handicapped Children Act (EHA) — frequently referred to as Public Law 94-142—requires that all public schools accepting federal funds provide equal access to education for children with physical and/or mental disabilities. This law paved the way for special education as we know it today. Before 1975, only a few small districts provided education for students with disabilities in the U.S. To receive federal funding for special education today, states must comply with the law.
The EHA made it mandatory for public schools to evaluate children with disabilities and create individualized educational plans that emulate the educational experiences of non-disabled students while accommodating their unique needs. The EHA was enacted to meet four key goals:
What was known as the EHA eventually became the Individuals with Disabilities Education Act (IDEA) in 1990. The following six pillars are what IDEA ensures:
Originally instated in 1998, the Assistive Technology Act was reauthorized in 2004. It provides assistive technology to persons with disabilities so they can more fully participate in education, employment, and daily activities on level playing fields with other people in their communities. Under the law, each U.S. state receives a grant to fund Assistive Technology Act Programs (ATAP) that provide services to persons with disabilities for their entire lives. The 56 ATAPs created under the law provide a place where users can go for product demonstrations, low-cost loans for their purchases, and information on these products.
The Assistive Technology Act of 2004 set forth a core set of program services to increase consistency across the country. As a result, at least 60 percent of the funds each state’s assistive technology program receives must support the following:
While the EHA mandated that all public schools receiving financial support from the federal government provide special-needs students with non-discriminatory access to all educational programs, the Handicapped Children’s Protection Act (HCPA) of 1986 was created to instate provisions not covered by the EHA. For example, the EHA does not directly address legal cost relief available for parents who prevail in lawsuits based on violations of EHA provisions.
The HCPA came to be after the United States Supreme Court’s ruling in the 1984 case Smith v. Robinson. It was found that existing enforcement mechanisms of disability rights did not cover how, when, and/or where legal costs are to be resolved. The HCPA amended the EHA to authorize the award of reasonable attorneys’ fees, expenses, and costs to the parents or guardians of a handicapped child or youth who is the prevailing party in a civil suit to protect the child’s right to FAPE.
As you review some of the core special education laws that have shaped how we accommodate special needs students, you may find yourself eager to get involved. Whether you already have some classroom experience under your belt or you’re just starting, you may be now trying to decide if you have what it takes to be a special education teacher. If so, there’s no better time to explore the field — our nation’s teacher shortage has hit special education particularly hard. From added authorizations to master's degrees in special education, explore what our School of Education has to offer those with a passion for helping others along their paths to lifelong learning.
