Education for All Handicapped Children Act (EAHCA):1975
The Education for All Handicapped Children’s Act, Public Law 94-142, was passed in 1975 after many years of advocacy from parents and service organizations. This law guaranteed children with disabilities a Free and Appropriate Public Education (FAPE) to the maximum extent appropriate with peers without disabilities. Public Law 94-142 established national procedures and safeguards for parents to ensure that children with disabilities had the same opportunities to an education as children without disabilities.
Public Law 94-142 has been reauthorized several times changing both the language, as well as the emphasis on educational responsibilities to children with disabilities within educational settings. Eventually, the least restrictive environment (LRE) became the general education classroom, and school districts nationally were required to provide more documentation substantiating the need for special education services in seperate settings.
The Reauthorization of IDEA: 1997
The 1997 reauthorization of the Individuals with Disabilities Education Act (IDEA) stated that schools that develop high expectations for their students, and use a general education curriculum can help students with disabilities receive a more effective education. Furthermore, in regards to the referral process, IDEA required that schools give consideration to factors other than disability that may be affecting a student’s performance. The determination to remove a student from general education must be justified. The new act emphasizes the need for modifications and services throughout a child’s school day within the general education classroom. IDEA realigns the relationship between general education and special education; supporting the position that special education could be a service for children with disabilities rather than a placement. Furthermore, school districts may utilize special education funds to design, implement and evaluate a school-based improvement plan, as well as personnel preparation to help prepare general educators for their role in the education of students with disabilities.
No Child Left Behind (NCLB): 2001
No Child Left Behind is the latest reauthorization of the Elementary and Secondary Education Act (Title 1). Schools receiving Title 1 funds are expected to show academic progress on state standardized tests, and all students are expected to be proficient in Reading, Mathematics and Science by 2014. Moreover, the whole school fails if any one group does not meet the targeted goals for annual yearly progress (AYP). The process of implementing NCLB requirements has increased the educational and administrative demands on school districts to close achievement gaps. NCLB requires the use of scientifically-based, data-driven models, as well as research-based practices to substantiate academic progress. The purpose of NCLB is accomplished by: a. developing high quality academic assessments, establishing accountability systems and providing enhanced teacher preparation; b. meeting the educational needs of low-achieving children and closing the gap between high and low-performing students; c. holding schools, local educational agencies and states accountable for student achievement; d. requiring the use of scientifically-based instructional programs and strategies to substantiate educational accountability; e. emphasizing the importance of parental participation in the educational process.
Reading First Grant
The Reading First Grant is the academic cornerstone of No Child Left Behind. The program provides assistance to states and school districts, to enable the establishment of research-based programs for students in kindergarten through third grade. The Reading First Grant emphasizes the need for all children in America to be proficient in reading by the end of third grade. The funding for this program focuses on providing increased teacher professional development to ensure that general and special education teachers have the skills to effectively teach reading programs. Part of the staff development component involves preparing classroom teachers to effectively screen, identify and overcome the reading barriers presented by their students. The Reading First Grant is the largest national early reading initiative that utilizes rigorous assessments with proven validity and reliability to effectively screen, diagnose and monitor the progress of all students. The Reading First methodology is based on a three tier structure.
The Reauthorization of IDEIA: 2004
When IDEIA was reauthorized in 2004, there was language indicating that school districts utilize research-based interventions as a way of substantiating student progress and need for services. School districts are being required to “rule out” general education, by carefully documenting student need for increasing levels of specialized intervention, before special education eligibility is recommended. Moreover, a referral can be made to the Committee on Special Education only after it has been recognized that the general and special education methodologies have failed to positively impact student learning and performance. With this shift in educational decision-making, special education becomes the choice of last resort, not the first. The student must be given every opportunity to remain in general education, by changing instructional methods, programs and levels of intervention. This opportunity is known as Response to Intervention. Furthermore, the reauthorization provides schools with the option of eliminating the discrepancy model requirement, which states that there must be a severe discrepancy between the student’s achievement level and intellectual ability in order to qualify for Specific Learning Disability eligibility. Moreover, schools will be able to utilize the Response to Intervention process to screen for Special Education and Related Services eligibility.