Special Education 2: The Individuals with Disabilities Education Act and Congressional Intent
Published January 07, 2009 @ 03:56PM PT
[Editor's note: This is the second post on the Individuals with Disabilities Education Act by guest-blogger Jennifer Parker, a legal advocate for educational rights of children with disabilities. See her first post here, and read more from her blog, Best Policy Practice.]
The Intent of the Ninety-fourth United States Congress

Members of the Ninety-fourth United States Congress took notice of the facts and rulings in PARC and Mills. Congressional response included an investigation into the status of all children with disabilities. After an investigation and hearings, Congress enacted Public Law 94-142, originally titled Education for All Handicapped Children Act and later reauthorized and renamed Individuals with Disabilities Education Act (IDEA 2004).
As noted in the United States Code Congressional and Administrative News 1975 (USCCAN), Congress introduced the legislation in response to
…landmark court cases establishing in law the right to education for all children [Mills and PARC] … In 1954, the Supreme Court of the United States [Brown v. Board of Education] … stated “In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.”
The investigation yielded valuable data about the numbers of children not receiving an appropriate education. Congress found that, out of 8 million children with disabilities, only 3.9 million were receiving appropriate education. 4.25 million children were either receiving no education or inappropriate education.
USCCAN reported Congress’s findings on the social and economic costs of failing to educate all children:
The long-range implications of these statistics are that public agencies and taxpayers will spend billions of dollars over the lifetimes of these individuals to maintain such persons as dependents…With proper education services, many would be able to become productive citizens, contributing to society instead of being forced to remain burdens…
It should not … be necessary for parents throughout the country to continue utilizing the courts to assure themselves a remedy….
In 1975, the Ninety-fourth US Congress enacted the Education for All Handicapped Act. After several reauthorizations, IDEA now requires states, school districts, and schools to ensure that
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All children with disabilities ages 3 through 21 receive a free, appropriate public education that meets their unique needs, regardless of the type or severity of their disability.
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Children with disabilities be educated in the least restrictive environment possible….
- Each student with a disability is to have an Individualized Education Program (IEP) that describes the education and related services to be provided to that student.
- Parents of students with disabilities have the right to notification, informed consent, due process, and involvement in key decisions…
- Federal grants are authorized to help pay state and local costs associated with implementing IDEA mandates and serving students with disabilities.
I think of IDEA as an amazingly progressive piece of legislation which codified a 180- degree turn around in conventional wisdom regarding the educability of disabled children. It is a generally well-written act (although it has highly litigated terminology, such as what is an “appropriate” education) that ensures parents important and fair rights. However, there have been obstacles in the implementation of IDEA that I believe have kept the act from fulfilling congressional intent.
The National Council on Disability (NCD) (http://www.ncd.gov), whose mission is “to provide a voice in the Federal Government and to Congress for all people with disabilities in the development of policies and delivery of programs that affect their lives”, published “Individuals with Disabilities Education Act Reauthorization: Where Do We Really Stand?” in 2002. For this publication, NCD solicited public responses to questions about four areas identified as critical to the implementation of IDEA: eligibility and over representation of minorities; funding; monitoring and enforcement; and discipline. In the introduction NCD notes:
From the students, we hear the reality of their lives in special education. In most cases, the comments we received from them are a scathing indictment of the implementation of IDEA.
I’ve read through the public comments published in “Where Do We Really Stand,” and all of them are poignant and significant, but one stands out for me as a clear, objective summary:
The findings … were a confirmation and documentation that the statute is strong, but implementation and enforcement are thin and inconsistent. This study confirmed what children with disabilities and their families have repeatedly told NCD, namely, that too many students (1) did not receive FAPE [Free, Appropriate Public Education]; (2) were inappropriately placed in separate settings; (3) did not receive appropriate services whenserved in regular classrooms; (4) had not been able to access critical transition services and supports; (5) were not provided with related services such as speech therapy, physical therapy, or psychological counseling as reflected in their IEPs. And, (5) did not receive the benefits of procedural safe-guards and protections in evaluation in some states.
What are your experiences with IDEA? And check out the chart below that compares the yearly appropriation of IDEA funds with “full funding”. How many of the above inadequacies would be relieved by full funding?
Image credits:
Congress at Sunset by vgm8383 on Flickr
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Comments (11)
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I am a life-long educator and am passionate about changing direction in our public school system from it's current free-market/high stakes/punative big business approach to one that espouses best policy practices such as: portfolio and alternative assessments, promotion plus, individualized education plans, positive behavior intervention, and equitable funding.
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For the past few months, in fact for the past few decades I have argued with the establishments of education that the problem with today’s public schools are not with the teachers, students, or the parents. I am not going to be very popular with my next comments but if anyone would take the time to see where our public education system started to degrade they would have to look to the year 1987, when the disability act concerning public education came into existence.
Did I say succeed? As soon as our students were split up into homogeneous groups the public education system was destined to fail. I concede the public schools have been separated by competence levels for years. The student who did well in math was put in accelerated math courses while those who were not so good in math were put in remedial classes. This does by no means means the student who is math-illiterate can’t be successful. Before the 1987, these students were put in classes they were both competent and interested in. They would go to many subjective classes like literary or history. Some liked working with their hands so they were placed in tech classes. This system did succeed. All you have to do is look at how well public education did before the 1987 law. It was not perfect but the product is better than it is tody.
I read a good article on Special Education entitled: Curriculum Based Measurement Assessing Special Children” by Marc R. Shinn. Even the concept of naming children 'special' because they need some extra help or have differing circumstances in their lives has become a definition to these students they were not meant to succeed. I believe the title of 'special' is a huge weight on both the confidence of the child and the capacity for them to succeed.
Stanley N. Deno explains how “special education serves its clients by functioning as problem solving component of our public school systems”. I absolutely disagree with this statement because special education in our public schools has created and increased the amount of problems in our public schools. The proof of this statement is simple. All one has to do is go to their public high schools, investigate as to how many students are classified as SPED, special education students, to clearly see how the numbers have exponentially increased.
I remember working for a particular administrator about 20 years ago. He and his school were being overwhelmed by special education laws and systems. At a faculty meeting he stated the best way to handle this massive influx of unfunded mandates and a growing population of special education students was to ‘code’ everyone in the school. This would at least level off the playing field so all schools could succeed.
The 1987, special education programs with all of its good intentions morphed into giants. More and more students were being coded simply because they could not sit still or were disrespectful to the teachers who forgot the concept they have to earn respect before they received it. The numbers of children diagnosed with ADD and ADHD exploded. They even made up one category called EH; emotionally handicapped. This term doesn’t exist in any psychology text.
Classrooms were then forced to ‘mainstream’ these students into all their classes. As teachers we were told we should be able to handle them even though most of us were trained to teach content. Many classes were forced to slow down because the special needs students could not keep up or they were perpetually interrupting the lesson. When these specific students were sent down to the office they were either brought back or sent to special rooms because they were special.
Some students even take advantage of their title. They are given the option of taking a test in the classroom or to be sent to the special ed room where multiples of special ed aides could help them or even take the test for them. Some are told they can't be like the other non-special students because they don't have the capacity to do well with the general rules.
Because of this many ‘regular students’ acted up because they were bored with the slow pace. These students were then forced to take tests in order to make them special. The system became self sustaining with no correction in the horizon because how could anyone question helping special needs students. In other words, it started to sound like NCLB, (no child left behind).
I am by no means saying the special education laws protecting our 'real-special- students should be eliminated. For the past few decades I have watched wonderful committed educators help children who could not have survived in any secondary environment. The problem I have is too many children are being coded into special education because the school and the parents do not want to take responsibility for the child.
Finally because of this system of degrading our children toward their own success private and religious school flourished. You see they do not have to follow the special needs law. They only take in regular education students. As to how one wonders why they do better is like asking Peter Pan why he can fly.
I understand why we have to change our public education system in order for it to compete in their world. But, to ignore the 800 lb. Gorilla sitting in all of our classrooms is nonsense.
Jim Fabiano, a teacher and writer who lives in York, is a past recipient of the Maine Press Association’s award for Best Weekly Column, and writes an education blog called 'Dinosaur of Education”. You can E-mail Jim at: jfabino@maine.rr.com, or comment on his blog at: http://fabiano.magic-city-news.com/
Posted by James Fabiano on 01/09/2009 @ 04:07AM PT
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Jim,
You cover a lot of ground here and I won't respond to all of it. Rather, I encourage students with AD/HD and parents of students with AD/HD, or other mainstreamed students, to respond to your comments.I would argue, however, that all children --whether diagnosed with a medical or academic disability, giftedness, or average student -- should receive differentiated, individualized education, the main tenent of IDEA.
Posted by Jennifer Parker on 01/09/2009 @ 06:18AM PT
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How does one do that. I have been teaching for almost three decades and have been through many seminars, week long conferences, and state run conferences talking about differentiated, individualized education. My average size class is about 25 and I have to complete a rigorous curriculum in order to prepare my students for their post-secondary lives. If I did with my students what you advise I would not only fail the academically challenged students but would also fail all of my students because of time restraints.
What you are promoting is a system that may work well in books or at seminars but are literally impossible in the real classroom. In reality I wish I could teach all my students individually. It just can't be done.
Posted by James Fabiano on 01/09/2009 @ 06:47AM PT
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Well, OK, I can see your point about 25 kids in a classroom. To everything else, I say thank God you are not teaching my kids. We need to think outside the box here. I, too, hate terms like "differentiated instruction," which look great on paper but mean absolutely nothing more than a few cookie cutter options.
Here's the thing -- we need classrooms with less than 25 kids. Why is that so hard to imagine? The best possible way we could spend money in education is to hire more teachers, good teachers, and make smaller class size a real priority. It would help EVERY kid.
And maybe you're right, about the education system being "better" before kids with disabilities were included, but the thing is...THEY WEREN"T INCLUDED! Those statistics from those years of US educational dominance in the world didn't include special ed kids! Because we were doing absolutely nothing for them, and we're not doing much more now. It's shameful.
It's also shameful that we have so many more kids with disabilities to begin with -- and contrary to your assumptions, Jim, the reason for this wave of developmental disabilities (and yes, ADHD is often--though not always-- real), is NOT school personel "coding" kids who don't need it. I don't know one single parent who has had an easy time getting their child's special education eligibility. The reason we have all these kids now is that we keep polluting the planet and our children and doing nothing to stop it.
The least we can do is educate them, don't you think?
Posted by Trisha Schultz on 01/09/2009 @ 01:17PM PT
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Trisha,
I hate empty edu-babble myself, but when I say 'differentiated learning' it's just my shorthand way of referring to exactly what you mention: thinking outside the box of standardized, one-size-fits-all schooling.
It's difficult to individual your teaching, but not impossible. It starts with teacher training and certification. Teacher ed programs must emphasize child development, classroom management, the art of observing students, and the science of documentation of student work. My teacher prep program prepared teachers to teach in multi-grade classrooms (three year age spans) because it was a Montessori program. My training served me very well as I worked to individualize my students' lessons.
Then, of course, individualization would be easier if teachers had more support. By support I agree that class sizes need to be smaller, but I also mean support in being allowed to move away from scripted pre-bought curricula. Also, if the emphasis of assessment shifted from high-stakes standardized tests and formative assessments to alternative assessment such as portfolios, demonstrations, and teacher-made tests, individualized instruction would fit right into this model.
For you teachers out there: what other types of support would benefit your ability to individualize more?
Posted by Jennifer Parker on 01/09/2009 @ 05:14PM PT
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As a student, I am continually unimpressed with special education systems.
The goal of IDEA was noble: allow students to get a free public education.
However, activists have pushed so that all students are expected to receive and attain the same level of education–including special education students.
The fact is, special education students hold the entire class back. Instead of bringing special education students up to the level of their peers, their peers are forced to slow down to the level of those slower students.
This does an injustice to all students. No wonder intelligent or even regular students are increasingly turning to private school for a decent education. In public schools, thanks to the constraints of special students, it is difficult to get a strong education.
All this happens while millions of dollars are dumped into special education, even as other parts of the budget are cut. It doesn't sound very equal to me that a disabled student gets far more resources and finances applied than a regular student.
Schools have failed to recognize that all students deserve an education appropriate to them. Appropriate does not mean equal.
Not all students should be expected to master advanced skills. Not all students are capable of keeping up with the speed at which most students can process information. Some students can move far faster than that speed.
We do so much to slow down the herd for the stragglers, but those who can go the fastest get very little support. In reality, not everyone is capable of mastering the concepts. It would be a far better investment to focus on those who are.
Posted by Morgante Pell on 01/10/2009 @ 11:56AM PT
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Hi, Morgante. I couldn't agree more when you say "Schools have failed to recognize that all students deserve an education appropriate to them. Appropriate does not mean equal."
I think you are just referring to curriculum because you noted that in your experience certain students slow down the pace in the classroom.
However, I wonder if appropriate might also mean unequal funding. The drafters of IDEA took into consideration that to educate a "disabled" student it would cost twice that of a "regular" student. That's how they came up with the full funding estimates. And this amount was a lot less than it took to institutionalize children at that time.
This formula has been born out. It does take, on average, double the amount to educate a student under IDEA. The problem is that since the federal government doesn't hold up their end of the bargain (and what they promised to pay), the states and local districts are left holding the bag and making up the funding, taking valuable resources away from other areas of education.
I also agree that activists have instituted a one-size-fits all approach to education where everyone is expected to test on grade level. These activists have not been educators, but big business CEOs. Therefore, as you note, those who are gifted get little support. And those that need intervention or remediation also get little support. Those kids who are close to being "proficient" on the state standardized test are the ones that get all the support and attention right now and that needs to change.
Posted by Jennifer Parker on 01/10/2009 @ 01:26PM PT
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Trish, you are missing my point. Of course I believe all children should be educated to their capabilities. In fact, I believe we should push the envelope and attempt to have these children understand more than their IEP’s tell them they can do. As for having classes become smaller you forget about our present economic conditions. Classes will and have become larger. A mixture of all level students has now become a necessity because of budget cuts that equates to fewer teachers. We have more students coded than any other time in our history. In fact, I can almost promise you more students have become coded this year than last year. The giant beaurocracy of special education has grown too large for its own good. We now have programs that legitimize their positions rather than helping our children. As for you stating you are glad I do not teach your children. I never lie to my students and I never place them in positions they feel they are special. If you ever get to read my biography I believe you would see this. But, you may be happy to hear I am a dinosaur who does not have that much time in the classroom. Not yet though, because I have too much to do to make a difference in all of my students.
Posted by James Fabiano on 01/11/2009 @ 05:59AM PT
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In order to individualize instruction in a class of 25 – 30 students one needs help. Many of our classrooms are filled with aides that have little to no understanding of subject. In fact, when I am offered an aide in any of my classes I usually refuse it because it is like having an extra student in my class. We need aides who do not only have a background in special education but these same people should be categorized into a second certification in what is being taught. In other words, a special education aide should have a background in let’s say biology before they are placed in a biology class to help the special needs students. This simply never happens because of the ridiculous pay scale these people are being paid. I clearly understand the success of all my students is critical if I am to succeed but to continue to talk about programs without a means of putting them successfully in place is a waste of time.
Posted by James Fabiano on 01/11/2009 @ 06:03AM PT
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Jim brings up an excellent point about classroom aides. What other kinds of support should be given to teachers to help them individualize instruction?
Posted by Jennifer Parker on 01/11/2009 @ 07:33AM PT
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As a parent of two students with special needs, both gifted with ADHD-inattenative type and anxiety, I have seen first hand that IDEA is a wonderful idea that DOES NOT HAPPEN in most instances in real life. The reality is that administration is faced with staffing to meet the needs of these students, but not given the resources or training necessary to do so. Eventually, these administrators forget what led them to teaching in the first place and they become the enemy in a tug-of-war with the parents of these students. It is only in the wealthy schools, where parents have the resources to hire attorneys to fight for adequate special education services, that truely individualized instruction occurs. Parents sue, schools are forced to comply and then the precious funds that are available are funneled to those schools. Unfortunately, these are the schools in wealthy areas where the parents could afford to privately provide educational support lacking in the schools. The poorer schools with less affluent parents continue to suffer a lack of funding and staffing as monies available are funneled away and they don't have the luxury of privately funding their students learning. The only possible solution is for these parents to fight with whatever resources are available to them for their children. They are often met, as I have been, with retaliation and hostility. Without the financial resources, legal representation is impossible and parents find themselves in a very vulnerable position as they sit on one side of a table facing an army of school and district personel. By the time the children graduate, there is so little progress that the parents question whether the result was worth the time, resources and life-consuming battle and all of the scars that they and their children will carry from it.
Posted by Theresa Fischer on 06/18/2009 @ 10:42AM PT
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