ERIC ED333640: The Education of Children and Youth with Special Needs: What Do the Laws Say?

17 Pages·1991·1.1 MB·English

by  ERIC

DOCUMENT RESUME
EC 300 393
ED 333 640
Horne, Richard L.
AUTHOR
The Education of Children and Youth with Special
TITLE
Needs: What Do the Laws Say?
Interstate Research Associates, Inc., Washington,
INSTITUTION
D.C.; National Information Center for Children and
Youth with Handicaps, Washington, DC.
Special Education Programs (ED/OSERS), Washington,
SPONS AGENCY
DC.
91
PUB DATE
H030A00002
CONTRACT
17p.
NOTE
Interstate Research Associates, National Information
AVAILABLE FROM
Center for Children and Youth with Handicaps, P.O.
Box 1492, Washington, DC 20013 (free).
Collected Works - Serials (022)
PUB TYPE
NICHY News Digest; vl n1 1991
JOURNAL CIT
MF01/PC01 Plus Postage.
EDRS PRICE
Access to Education; *Civil Rights; *Disabilities;
DESCRIPTORS
*Educational Legislation; Elementary Secondary
Education; *Federal Legislation; Parent Rights;
Preschool Education; Publi: Education; Special
Education; State Legislat::on; *Student Rights
Education for All Handicapped Children Act; Education
IDENTIFIERS
of the Handicapped Act Amendments 1986; Individuals
with Disabilities Education Act
ABSTRACT
This newsletter issue focuses on the educational and
civil rights of children and youth with disabilities, through the age
of 21. The primary focus is on the Education for All Handicapped
(Public
Children Act (Public Law 94-142), its subsequent amendments
Law 98-199 and Pul,lic Law 99-457). In October, 1990, this law was
amended by the Individuals with Disabilities Education Act
(15,J:lic
the
Law 101-476). Additional federal laws, including Section 504 of
Rehabilitation Act of 1973 (Public Law 93-112) and the Carl 1;
Perkins Vocational Education Act (Public Law 98-524), are described
available.
to explain the full range of potential services and rights
The paper emphasizes that most laws providing for public education
laws. An
are generally state and local laws rather than federal
annotated list of 17 key federal statutes affecting the education and
A
civil rights of children and youth with disabilities is presented.
19-item bibliography and a list of 18 clearinghouses, information
centers, and government agencies are provided. Also supplied are
descriptions of programs for Protection and Advocacy for Persons with
Developmental Disabilities and Persons with Mental Illness and a map
Information
showing locations of federally funded Parent Training and
projects of the Technical Assistance for Parent Programs Network.
(Includes 23 references.)
(JDD)
***********************************************************************
Reproductions supplied by EDRS are the best that can be made
*
*
*
from the original document.
*
***********************************************************************
U.S. DEPARTMENT OP EDUCATION
Olfica ot Education& Research and Improvement
Points of view Or opinions staled in this dOCu.
EDUCATIONAL RESOURCES INFORMATION
ment do not necessarily represent official
CENTER (ERIC)
OE R I position or policy
/This
document has been reproduced as
NICHCY
received trom the person or organization
originating it
The Education of
Children and Youth
C)
With Special Needs:
the Laws Say'
co What Do
National Information Center for Children
and Youth with Disabilities
Washington, DC
Volume 1, Number 1, 1991
Cit
We've Changed Our Name
The National Information Center for
Cit
Children and Youth with Disabilities
As a result of the passage of P.L. 101-476, the Education of the Handicapped Act
(N1CHCY) receives thousands of inquiries
Amendments of 1990, Congress reflected the desire of the disability community to
each year from families and professionals
replace the term "handicapped" with the term "disability." Throughout the law the
asking for information about federal laws
term handicapped has been replaced with the appropriate form of the term disability.
regarding special education and related
At NICHCY , we've strived to use the term disability in all of our publications. In
services, vocational education, and civil
keeping with this trend, we will now be known as the National Information Center
rights. The people who contact NICHCY
for Children and Youth with Disabilities, but will retain the N1CHCY acronym.
are interested in the laws and their intent,
the regulations, and their state' s implemen-
tation of these laws.
many dedicated people over the years.
The first federal laws designed to
This issue of NEWS DIGEST will fo-
Today, people with disabilities have ac-
assist individuals with disabilities
cus on the educational and civil rights of
complished more than ever dreamed pos-
date back to the early days of the nation. In
children and youth with disabilities through
sible due to more and better programs,
1798, the Fifth Congress passed the first
the age of 21. Thus, the primary focus of this
issue is on the Education for AU Nandi-
better trained professionals, continuous
federal law concerned with the care of
capped Children Act, Public Law (P.L.) 94-
research in education, information dis-
persons with disabilities (Braddock, 1987).
142, most commonly referred to as the
semination and technical assistance, and
This law authorized a Marine Hospital
Education of the Handkapped Act (VIA),
the collaboration between parents and pro-
Service to provide medical services to sick
and its subsequent amendments, PL. 98-
and disabled seamen. By 1912, this serv-
fessionals to obtain the best education pos-
199 and P.L.99-457 1nOctober, 1990, this
.
sible for the nation's children and youth
ice became known as the Public Health
law was amended (changed) by PL. 101-
with disabilities.
Service. However, prior to World War II,
476, the Education of the Handicapped Act
As evidence of these changes, in 1989
there were relatively few federal laws au-
Amendments of 1990. As a result of these
over four million children and youth with
changes, we should now begin to reference
thorizing special benefits for persons with
the law by its new name, the I ndividuals with
Those that did exist were
disabilities received special education and
disabilities.
Disabilities Education Act (IDEA). Addi-
related services under the Education of the
intended to address the needs of war veter-
tional federal laws, including Section 504 of
Handicapped Act (EHA) (Office of Spe-
ans with service-connected disabilities.
the Rehabilitation Act of 1973 (P .L.93-112)
This meant that, for most of our nation's
cial Education and Rehabili tative Services,
and the Car l D. Perkins Vocational Educa-
1990). Recently, federal efforts have ex-
history, schools were allowed to exclude
tion Art (P L.98-524), are discussed to help
tended this right to the youngest of chil-
certain chil-
and often did exclude
readers understand the full range of poten-
dreninfants and toddlers. A recent sur-
dren, especially those with disabilities.
tial services and rights available to children
vey, conducted by Louis Harris and Asso-
Since the 1960s, however, there has been
and youth with disabilities and their fami-
ciates (1989) for the International Center
a virtual avalanche of federal legislation
lies, for while P L.94-142 is the largest part
of the picture, it is not the eni ire picture. This
that relates di. eat) or indirectly to indi-
for the Disabled, suggests that more chil-
issue will also disruss the application of
dren with disabilities appear to be receiv-
viduals with disabilities, particularly chil-
state laws and provide resources to families
ing a far better education today than they
dren and youth. The numerous court deci-
and professsonals on how to obtain addi-
v. ere 10 to 12 years ago, and that parents
sions rendered, and state and federal laws
tional information.
are reasonably satisfied with their
passed since the 1960s, now protect the
Only a brief discussion of each law is
However, many
children's education.
rights of those with disabilities and guar-
contained in the NEWS DIGEST, and it does
families and professionals have little
antee that they receive a free and appropri-
not provide a legal interpretation of stat-
knowledge about the laws. According to
ate, publicly-supported education.
utes. Those who need precise language are
encouraged to refer directly to the public
There have been many heroes and
this report, 61% of the parents surveyed
laws and relevant regulations. A resource
knew little or nothing about their rights
heroines in this effort, most certainly the
list of organizations and a bibliography of
under both the Education of the Handi-
families of children with disabilities. The
useful readings are provided at the end of
capped Act (EHA) P.L. 94-142 and Sec-
positive changes in the laws and the atti-
this NEWS DIGEST for further informa-
tion 504 of the Rehabilitation Act of
tudes of the public toward those with dis-
tion on ihe laws and for more precise inter-
abilities would not have occurred without
1973, P.L. 93-112. Even a greater number
pretations.
of these parents-85%were not aware
the active and persistent involvement of
"PERMISSION TO REPRODUrT THIS
MATERIAL HAS BEEN GRANTED BY
c y
TO THE EDUCATIONAL RESOURCES
BEST COPY AVAILABLE
c
2
INFORMATION CENTER (ERIC).-
41"
The purpose of
1965 (ESEA), P.L.
federal laws are often changed, oramended,
of the vocational education law, the Carl D.
this law was to strengthen and improve
regularly. Public Law 94-142, the Educa-
Perkins Vocational Education Act of
educational quality and opportunity in the
tion for All Handicapped Children Act, has
1984, P.L. 98-524. Finally, a majority of
nation's elementary and secondary schools
had several amendments since its passage
both principals and teachers surveyed felt
Eight
(DeStefano & Snauwaert, 1989).
in 1975. Therefore, it is important to keep
they had not had adequate training in spe-
months later, PL. 89-10 was amended with
up-to-date on these changes, as they often
cial education.
the enactment of P.L. 89-313. Public Law
affect the delivery of special education,
Awareress of the laws that assure equal
89-313, the Elementary and Secondary
related services, and other programs in your
opportunities to individuals with disabili-
Education Act Amendments of 1965, au-
state.
ties is vitally important for the following
thorized the first federal grant program spe-
Laws passed by the Congress provide a
reasons:
cifically targeted for children and youth
general framewodc of policy related to a
I..
Knowledge of the language and inten-
with disabilities. This law authorized grants
particular issite. Once a law is passed, Con-
tion of these laws empowers families to
to state agencies to educate children with
gress delegates to an administrative agency
advocate more effectively for their children
disabilities in state-operated or supported
within the Executive Branch the task of
and strengthens their ability to participate
schools and institutions. In 1966, P.L. 89-
developing detailed regulations to guide
fully as partners in their children's educa-
750, the Elementary and Secondary Edu-
the law's implementation. Federal regula-
tional teams.
cation Act Amendments of 1966, established
tions are detailed in the Code of Federal
As independence and self-sufficiency
II.
the first federal grant program for the edu-
Regulations (CFR). The CFR interprets
for individuals become increasingly im-
cation of children with disabilities at the
the law, discusses each point of a law, and
portant outcomes of special education, it is
local school level rather than state-operated
further explains it. Copies of most federal
important that individuals with disabilities
schools and institutions. This section of the
regulations are available in the public library.
understand the law and its implications for
law became known as Title VI. In addition,
The CFR is readable and helpful in under-
making decisions.
P.L. 89-750 established the Bureau of
State agencies must
standing the laws.
Knowledge of the law can assist pro-
I..
Education for the Handicapped (BEH) to
comply with federal laws and regulations.
fessionals in understanding the entire serv-
administer all Office of Educatio n programs
At the federal level, special education
ice delivery system, ensure protection of
for children and youth with disabilities.
is an area in which elaborate sets of regu-
c ivil rights, and improve collaboration with
BEH was charged with helping states to:
lations exist. The regulations for the Edu-
other agencies and families.
implement and monitor programs; support
cation of the Handicapped Act., for example,
Knowledge of the law can help parents
II.
demonstration programs; conduct research
spell out the procedures and programming
and professionals work together on behalf
and evaluate federally funded programs;
that must be provided to children and youth
of children to make the equal education
provide fmancial support for training spe-
with disabilities in order for states to receive
opportunity guaranteed by law a reality.
cial educators, other teachers, support per-
federal funds. States may go beyond what
sonnel, and parents; and to support research,
is required in the regulations. For example,
training, production, and distribution of
some states have broader definitions of
How Federal Laws
educational media. Public Law 89-750 also
which children are entitled to special edu-
established the National Advisory Council
cation and, thus, may include gifted children
And Regulations
(NAC), which today is called the National
in their special education programming.
Council on Disability.
Are Determined
In 1968, P.L. 90-247, the Elementary
and Sec ondary Education Act Amendments
Early Federal
of 1968, became the final special education
It is helpful to know how laws are
legislation enacted at the federal level in the
Education Laws
named or referred to. Whenever an Act is
1960's. Public Law 90-247 established a
passed by the Congress and signed into law
set of programs, which would later become
And Court Cases
by the President, it is given a number, such
known as "discretionary," that provided a
as PL.. 94-142. "P.L.'" stands for Public
wide range of programs that supplemented
Law. The first set of numbers means the
and supported the expansion and improve-
Looking back over the last twenty-five
session c)f Ceagress during vhich the law
ment of special education services. These
years, it is clear that federal protection and
was passed. For example, the 94 means the
programs included funding for regional
guarantees of the educational rights of indi-
94th session of the U.S. Congress. The
resource centers, centers and services for
viduals with disabilities have been an
second set of numbers identifies what num-
children with deaf-blindness, the expansion
evolving story. Figure 1 presents a graphic
ber the law was in the sequence of passage
of instructional media programs, continued
view of the history of special education
and enactment during that session. Thus,
research in special education, and funds to
legislation and relevant court cases. Direct
the 142 means that this was the 142nd law
establish a center to help improve the re-
that Congress passed and the President
federal support for the education of children
cruitment of education personnel and to
with disabilities has its roots in the El-
signed during the 94th session of Congress.
disseminate information concerning edu-
ementary and Secondary Education Act of
It is also important to understand that
2
a publicly-supported education (Pennsyl-
cation opportunities for children and youth
the educational rights of children and youth
with disabilities.
with disabilities. (It was under this law that
vania Association for Retarded Citizens v.
By the mid 1970's, there were several
the roots of AICHCY were begun.)
Commonwealth of Pennsylvania, 1972).
Two years later, Congress passed the
The PARC suit was resolved by a consent
right-to-education cases brought to court in
Elementary and Secondary Education
states all over the country. Two precedent-
agreement that specified that the state could
setting cases involving the education of
Amendments of 1970, P.L. 91-230. Public
not apply any law that would postpone, end,
children with disabilities took place in
Law 91-230 consolidated into one act a
or deny mentally retarded children access
number of previously separate federal grant
Pennsylvania and the District of Columbia.
to a publicly-sapported education. Further-
In Pennsylvania, the Pennsylvania Asso-
more, the agmement requized the state to
programs related to the education of children
ciation for Retarded Citizens (PARC) and
with disabilities, including Title VI of ESEA
idenlify all school-aged children with mental
tinder P.L. 89-750. This new authorization,
retardation who were excluded from the
thirteen school-aged children with mental
which became known as Part B, was en-
public schools and to place them in a "free
letardation brought a class action suit against
titled the Education of the Handicapped
the Commonwealth of Pennsylvania for its
public program of education and training
Act (EHA) and was the precursor to the
alleged failure to provide all of its school-
appropriate to their capacity." Finally, the
1975 Act that would significantly expand
agreement claimed that it was highly de-
aged children with mental retardation with
sirable to educate these children in programs
most like those for nonhandicapped children.
Figure
In 1972, the parents and guardians of
The Legislative History of Special Education
seven District of Columbia c hildmn brought
a class action suit against the D.C. Board of
Education on behalf of all out-of-school
P.L. 101-176
P
children with disabilities (Mills v. Board of
1990 ( IDEA )
Education,1972). Unlike PARC
Mills was
,
resolved by a judgement against the district
school board. The result was a cotht order
P,L. 99-457
that the District of Columbia must provide
1986 (EHA)
all children with a disability, regardless of
the severity of their disability, with a pub-
P.L. 98-199
licly-supported education.
1983 (EHA)
In 1974, P.L. 93-380, the Education
Amendments of 1974, was passed. These
P.L. 94-142
amendments contained a variety of changes
1975 (EAHcA)
to existing federal education programs of
the ESEA. One of the most important
4
amendments was to Title VI of the ESEA
P.L. 93-380
1974 (EHA)
which was renamed as the Education of the
Handicapped Act Amendments of 1974.
A
PAW,: & Mills
This law required states to establish a time-
Decisimis 19-2
table toward achieving full educational op-
)
portunity for all children with disabilities.
P.L. 91-230
The Act provided procedural safeguards
1970 (ERA)
for use 'n the identification, evaluation, and
plac.ement of children with disabilities,
90-247D
P.L.
mandated that such children be integrated
1968
L
into regular classes when possible, and re-
quired assurances that testing and evalua-
tion materials be selected and administered
P.L. 89-750
)
1966 (ESEA)
on a nondiscriminatory basis. Even with
P.L. 94-142 on the horizon, PL. 93-380
4
was important because it began the focus,
P.L. 89-313
through a major federal program to the
1965
states, on fully educating all children with
disabilities. Public Law 94-142, the Educa-
89-10
tion for All Handicapped Children Act, was
1965 (ESEA)
passed by Congress and signed into law by
President Ford in 1975.
3
P.L. 94-142, The
of his [or her] handicap, be excluded from
Federal Laws
the participation in, be denied the benefits
Education for All
of, or be subjected to discrimination under
Strengthen:
Handicapped Chil-
any program or activity receiving federal
fmancial assistance."
The Core of
dren Act of 1975
To be eligible for the protections under
This law was passed in 1975 and went
Section 504, an individual must meet the
Current Rights
into effect in October of 1977 when the
definition of a handicapped person. This
regulations were finalized. This law grew
definition is: "Any person who (i) has a
out of and strengthened earlier acts of a
physical or mental impairment which sub-
The rights of individuals with disabili-
similar name, including P.L. 91-230 and
stantially limits one ormore of such person's
ties were significantly strengthened with
P.L. 93-380. Ballard, Ramirez and Zantal
major life activities, (ii) has a record of such
the passage of three federal laws and their
Weiner (1987) and DeStefano and
an impairment, or (iii) is regarded as having
periodic amendments. These laws were:
Snauwaert (1989) summarize the major
such an impairment." Major life activities
tr Pl. 93-112, the Rehabilitation Act
purposes of P.L. 94-142 as:
include self-care, performing manual tasks,
of 1973
wo To guarantee that a "free appropriate
seeing, hearing, speaking, breathing, learn-
P.L. 94-142, the Education of All
education," including special education and
Handicapped Children Act of
ing, and walking. Section 504 covers only
related service programming, is available
those persons with a disability who would
1975, and
to all children and youth with disabilities
otherwise be qualified to participate and
P.L. 98-524, the Carl Perkins Vo-
who require it.
benefit from the programs or other activi-
cational Education Act of 1984.
% To ass= that the rights of children and
ties receiving federal financial assistance.
These three laws, and their subsequent
youth with disabilities and their parents or
Section 504 assures equal opportuni-
amendments, form the core of current pro-
guardians are protected (e.g., fairness, ap-
ties for children and youth with disabilities
tection against discrimination and current
propriateness, and due process in decision-
in schools receiving federal fundspre-
guarantees of equal educational opportu-
making about providing special education
sc hools, elemen tary and secondary schools,
nity that individuals with disabilities have
and related services to children and youth
and postsecondary institutions. Agencies
in our nation. Because these laws are so
with disabilities).
that persist in acts of discrimination face the
important to ensuring the rights of those
10 To assess and assure the effectiveness
loss of federal funds. Along with school
disabilities, you should become familiar
of special education at all levels of govern-
districts, this includes colleges and univer-
with both the laws and their regulations.
ment.
sities, vocational education and adult edu-
Each law is described in some detail below.
to To financially assist the efforts of state
cation programs, state and local govern-
rnd local governments in providing full
ments, places of employment, hospitals and
P.L. 93-112,
educational opportunities to all children
clinics, and public and private groups of all
and youth with disabilities through the use
The Rehabilitation
kinds which receive federal financial assis-
of federal funds.
tance.
Act of 1973
In 1983, through the Education of the
Public Law 93-112 has been amended
Handicapped Act Amendments of 1983
several times. In 1983, P.L. 98-221, the
(P.L. 98-199), Congress amended, or
Rehabilitation Act Amendments of 1983,
This law is critical, because it addresses
changed, the law to expand incentives for
authorized several demonstration projects
discrimination against persons with dis-
preschool spec ial education programs, earl y
regarding the transition of youth with dis-
The law has different sections
abilities.
intervention, and transition programs. All
abilities from school to work. In 1986, P.L.
which refer to different areas of discrimina-
programs under EHA became the responsi-
99-506, the Rehabili tation Act Amendments
tion, as follows:
bility of the Office of Special Education
of 1936, provided for programs in sup-
Section 501: Employment of
Programs (OSEP), which by this time had
ported employment services for individuals
Handicapped Individuals
replaced the Bureau of Education for the
Section 502: Architectural and
with disabilities.
Handicapped (BEH).
To learn more about the precise nature
Transportation Board Compliance
In 1986, EHA was again amended
of this act, including the sections not de-
Section 503: Employment under
through P.L. 99-457, the Education of the
scribed here, how to file a discrimination
Federal Contracts
Handicapped Act Amendments of 1986.
complaint, or to obtain a copy of the Act's
Section 504: Non-Discrimination
One of the important outcomes of these
regulations (Code of Federal Regulations
under Federal Grants
amendments was that the age of eligibility
LC.F.R.]: Title 34; Education; Parts 100
To this day, Section 504 provides indi-
for special education and related services
to 106), write to: U.S. Department of
viduals with disabilities with basic civil
for all children with disabilities was low-
Education, Office of Civil Rights, Op-
rights protection against discrimination in
ered to age three, a change to be imple-
erations Support Service and Technical
federal programs. The law states that "no
mented by school year 1991-1992. The law
Assistance Branch, 330 C Street, S.W.,
otherwise qualified handicapped individual
also established the Handicapped Infants
Room 5431, Washington, D.C. 20202.
in the United States shall, solely by reason
4
10 The right of parents to challenge and
to To the maximum extent appropriate,
and Toddlers Program (Part H). As speci-
appeal any decision related to the identifi-
all children and youth with disabilities will
fled by law, this program is directed to the
cation, evaluation, and placement, or any
be educated in the regular education en-
needs of children, from birth to their third
issue concerning the provision of FAPE, of
vironment.
birthday, who need early intervention serv-
their child is fully protected by clearly
to
Children and youth receiving special
In addition, under this program the
ices.
spelled-out due process procedures.
education have the right to receive the re-
infant or toddler's family may receive serv-
1.
lated services necessary to benefit from
Parents have the right to confidentiali ty
ices that are needed to help them assist in
of information. No one may see a child's
special education instruction. Relatvi ser-
the development of their child. State defi-
records unless the parents give their written
nitions of eligibility under this program
vices include:
permission. (The exception to this are school
vary. However, in order to receive federal
...transportation and such devel-
personnel with legitimate educational in-
funds, each state must have a comprehen-
opmental, corrective, and other
terests.)
sive, state-wide, interagency service deliv-
supportive services that are re-
In October, 1990, Congress passed,
ery system in place by their fifth year of
quired to assist a handicapped child
and President Bush signed into law, the
participation in the program.
to benefit from special education,
Education of the Handicapped Act
The Education of the Handicapped Act
and includes speech pathology and
Amendments of 1990 (P.L. 101-476). The
makes it possible for states and localities to
audiology, psychological services,
new law has resulted in some significant
receive federal funds to assist in the educa-
physical and occupational therapy,
changes. For example, the name of the law,
tion of infantP, toddlers, preschoolers,
recreation, early identificazion and
the Education of the Handicapped Act
children and youth with disabilities. Basi-
assessment of disabilities in chil-
(EHA), will now be called the Individuals
cally, in order to remain eligible for federal
dren, counseling services, and
with Disabilities Education Act (IDEA).
funds under the law, states must assure that:
medical services for diagnostic or
Many of the discretionary programs author-
All children and youth with disabili-
11*
The term
evaluation purposes.
ized under the law have been expanded.
ties, regardless of the severity of their dis-
also includes school health serv-
Some new discretionary programs, includ-
ability, will receive a Free, Appropriate
ices, social work services in
ing special programs on transition, a new
Public Education (FAPE)at public ex-
schools, and parent counseling and
program to improve services for children
pense.
training (C.F.R.: Title 34; Educa-
and youth with serious emotional distur-
Education of children and youth with
wo.
tion; Part 300.12, 1986).
bance, and a research and information dis-
disabilities will be based on a com plete and
semination program on attention deficit
t* Parents have the right to participate
individual evaluation and assessment of
disorder, were created. In addition, the law
in every decision related to the identifica-
the specific, unique needs of each child.
now includes transition services and
tion, evaluation, and placement of their
An Individualized Education Pro-
assistive technology services as new defini-
child or youth with a disability.
gram (IEP), or an Individualized Family
tions of special education services which
Parents must give consent for any
Services Plan (IFSP), will be drawn up for
ie.
must be included in a child's or youth's IEP.
initial evaluation, assessment,or placement;
every child or youth found eligible for spe-
Also, rehabilitation counseling and social
be notified of any change in placement that
cial education or early intervtntion serv-
work services will be included as related
may occur; be included, along with teach-
ices, stating precisely what kinds of special
services under the law. Finally, the services
ers, in conferences and meetings held to
education and related services, or the types
and rights under this law are expanded to
draw up individualized programs; and must
of early intervention services each infant,
more fully include children with autism and
approve these plans before they go into
toddler, preschooler, child, or youth will
traumatic brain injury.
effect for the first time.
receive.
The Individuals with Disabilities Edu-
cation Act and Section 504 of the Rehabili-
tation Act of 1973 strengthen each other in
A
important areas. For example, they both:
call for school systems to carry out
,Ill.III I.
a systematic search for every child
with a disability in need of a public
01111T
f Irot
education,
mandate a Free and Appropriate
Public Education (FAPE) regard-
less of the nature and severity of
an individual's disability,
make it clear that education and
related services must be provided
at no cost to parents,
6
BEST COPY AVAILABLE
competencies needed to work in a techno-
have similar requirements to as-
P.L. 98-524, The
logically advanced society. The new law
sure that testing and evaluation of
expands the term "special populations" to
a chL.,i's needs are not based on a
Vocational Educa-
include individuals with disabilities, indi-
single testing instrument, and
tion Act of 1984
viduals who sre economically and educa-
emphasize the importance of edu-
cating children and youth with
tionally disadvantaged (including migrant
and foster children), individuals with lim-
This law is often referred to as the Carl
disabilities with their nondisabled
D. Perkins Act, or the Perkins Act, and
ited English proficiency, individuals who
peers to the maximum extent ap-
participate in programs to eliminate sex
authorizes federal funds to support voca-
propriate.
tional education programs. One of the
bias, and those in correctional institutions.
The Education of the Handicapped Act,
Public Law 101-392 is closely interwoven
goals of the Perkins Act is to improve the
P.L. 94-142, and its amendments, P.L. 98-
access of those who either have been
with the IDEA (PL. 101- 476) to guarantee
199, PL. 99-457, and now the Individuals
full vocational education opportunities for
with Disabilities Education Act, P.L. 101-
underserved in the past or who have greater-
youth with disabilities.
than-average educational needs. Under the
476, represent the most important pieces of
educational legislation in the history of
Act, "special needs students" include those
who have a disability, are disadvantaged, or
educating children and youth with disabili-
Other Federal
have limited English proficiency. This law
ties. As has been said, parents and profes-
is particularly important because it requires
sionals should make every effort to famil-
that vocational education be provided for
Laws Affecting
iarize themselves with these laws.
The
students with disabilities. The regulations
regulations which cover the Education of
Children and Youth
which cover this law are called C.F.R.: Title
the Handicapped Act are also to be found in
34; Education; Parts 400499.
the Code of Federal Regulations. They are
With Disabilities
called C.F.R.: Titk 34; Education; Parts
The law states that individuals who are
members of special populations (including
300 to 399. You can obtain the latest copy
individuals with disabilities) must be pro-
of the Federal regulations implementing
In addition to the Individuals with Dis-
the Education of the Handicapped Act by
vided with equal access to recruitment, en-
abilities Education Act, Section 504 of the
rollment, and placement activities in voca-
sending a check or money order for $12.00
Rehabilitation Act, and the Perkins Act,
In addition, these indi-
(made out to the Superintendent of Docu- tional education.
there are other federal laws that provide
viduals must be provided with equal access
ment.$) to: Superintendent of Documents,
civil rights and service programs for chil-
to the full range of vocational education
U.S. Government Printing Office, Wash-
programs available to others, including
dren and youth with disabilities. The fol-
ington, D.C. 20402. Remember to state
lowing is a general overview of some of
occupationally specific courses of study,
that you are requesting a copy of the Code
these important laws.
of Federal Regulations: Title 34; Educa-
cooperative education, apprenticeship pro-
tion; Parts 300-399.
grams, and, to the extent practical, compre-
You should be aware that with the
hensive guidance and counseling services.
P.L. 93-380, The
passage of P.L. 101-476, the U.S.
Under the law, vocational education plan-
Family Education
Department of Education will be writing
ning should be coordinated between public
agencies, including vocational education,
new regulations to correspond to the changes
Rights and Privacy
special education, and the state vocational
made by the IDEA. These regulations will
Act (FERPA)
rehabilitation agencies. The provision of
be published and later integrated into the
vocational education to youth with
C.F.R. Therefore, the current regulations
dis-
will not include the new services and
This law was included in the extensive
abilities should be monitored to ensure that
changes to the ESEA. It is often called the
programs of the IDEA. You may be able to
such education is consistent with objectives
information regarding new
obtain
Buckley Amendment and gives parents of
stated in the IEP.
regulations by reading the Federal
students under the age of 18, and students
In 1990, Congress amended this law by
passing P.L. 101-392 (Farrar, 1991). The
Register. The Federal Register serves as
age 18 and over, the right to examine records
kept in the student's personal file.
The
name of the law has been changed to the
the primary document which lists proposed
Carl D. Perkins Vocational and Applied
and final regulations developed by federal
FERPA was passed in 1974 to cover all stu-
Technology Education Act. The purpose
agencies. The Federal Register is available
dents, including those in postsecondary edu-
in most public libraries. In addition, many
cation. The major provisions of the Act are:
of this law is to make the United States more
to
disability organizations, professional
Parents and eligible stuc Its have the
competitive in the wecld economy by de-
right to review and have a ,,opy of their
associations, and parent groups subscribe
veloping more fully the academic and occu-
educational records for their own files.
to the Federal Register. These groups can
pational skills of all segments of the popu-
keep you informed about changes in the
Parents and eligible students have the
lation. This law will concentrate resources
kw
right to have the records explained End
on improving educational programs lead-
regualtions.
ing to the academic and occupational skill interpreted by school officials.
School officials may not destroy any
over, an annual notice to inform them of
remedies under the other laws relating to
10
their policies and procedures under this
the prohibition of discrimination, and for
records if there is at outstanding request to
other purposes." Public Law 99-372:
inspect and review mem.
law, the right of parents cc eligible students
Parents and eligible students who be-
to file a complaint, and the school's respon-
provides for reasonable attorneys'
km*
fees and costs to parents and
lieve that information contained in the edu-
sibility for comm unicati ng with parents and
students in their primary language if it is
cation records is inaccurate, misleading, or
guardians who prevail in adminis-
a violation of any rights of the student mo
other than English.
trative hearings or court when there
request that the records be changed.
is a dispute with a school system
The parent or eligible student must be
concerning their child's right to a
P.L. 99-372,
advised if the school decides that the records
free appropriate special education
should not be changed, and has the right to
and related services;
The Handicapped
While a school may release
a hearing.
applies to all cases initiated after
Children's Protec-
certain kinds of educational records to edu-
July 3, 1984, and
requests the General Accounting
cation or other social service agencies with-
tion Act of 1986
out permission from the parents or eligible
Office to study the impact of the
student, the school must keep track within
law and submit findings to Con-
This law was enacted in 1986"to amend
the student's files of requests for these
gress concerning the number of
the Education of the Handicapped Act to
complaints, prevailing parties,
authorize the award of reasonable attor-
records. This information can be inspected
by the parent or eligible student. Finally,
neys' fees to certain prevailing parties, to
amounts of attorneys' fees, and
each school district must give parents of
clarify the effect of the Education of the
other data. (This study was com-
students in attendance, or students age 18 or
pleted in 1989.)
Handicapped Act on rights, procedures, and
LAWS PASSED BY THE 101ST CONGRESS
During the past session which ended in October, 1990, Congress passed and President Bush signed the
following Iftws of intemst to families and professionals who live and work with children and youth with disabilities.
All of th 4. 3 can be purchased in individual pamphlet form, known as "slip law 7 from the U.S. Government Printing
Office, at the price indicated. (In the case of amendments (changes) to existing law, such as the Education of the
Handicapped Act Amendments of 1990, please note that the slip law is the text of the amendments only.) We thank
the National Association of State Directors of Special Education (NASDSE) for compiling this information and
for their permission to reprint it in this issue of NEWS DIGEST. In January, 1991, NASDSE published complete
copies of P.L. 101-476, the Individuals with Disabilities Education Act, integrating the 1990 amendments into the
provisions of the Education of the Handicapped Act. Prices are $15.00 each foe one to 20 copies; $12.00 each for 21
to 50 copies; and $10.00 each for 50 copies or more plus postage. Orders may be sent to: NASDSII, 2021 K Street,
NW, Suite 315, Washington, DC 20336-1003, ATTN: IDEA, or by calling [phone].
Public Law 101-336, the Americans with Disabilities Act of
Public Law 101408, the Omnibus Budget Reconciliation
1990, signed on July 26, 1990. ($1.50)
Act of 1990, signed on November 5, 1990. ($18.00)
Public Law 101492, the Carl D. Perkins Vocational and
Public Law 101417, the Departments of Labor, Health
Applied Technology Education Act Amendments of 1990,
and Human Services, and Education, and Related Agee-
signed on September 25, 1990. ($2.50)
des Appropriations Act, 1990, signed on November 5, 1990.
($1.25)
Public Law 101-431, the Television Decoder Circuitry Act
of 1990, signed on October 15, 1990. ($1.00)
Public Law 101400, the School Dropout Prevention and
Basic Skills Improvement Act of 1990, signed on November
Public Law 101-476, the Education of the Handicapped
16, 1990. ($1.00)
Act Amendments of 1990, signed on October 30, 1990.
($1.50)
Public Law 101410, the National and Community Servite
Act of 1990, signed on November 16, 1990. ($1.75)
Public Law 101494 the Developmental Disabilities Assis-
tance and Bill of Rights Act, signed on October 31, 1990.
Public Law 101439, the Mental Health Amendments of
($1.75)
1990, signed on November 28, 1990. ($1.00)
Public Law 101-501, the Augutt F. Hawkins Human Serv-
To order ay of these laws, send a check or money order,
ices Reauthorization Act of 1990, signed on November 2,
payable to the Superintendent of Documents,
Superinten-
1990. ($1.75)
dent of Documents, U.S. Government Printing Office,
Washington,DC 20402. For creditcardpurchases, telephone
[phone].
7
disabilities. In addition to basic grants to
programs is available by contacting the
Pi. 99-401, Tempo-
states for supporting these planning, coor-
Tex.'s Respite
following organizations:
dinating, and service activities, the law
Resource Network (TRRN), P.O. Box
rary Chi ld Care for
authorizes: (a) a formula grant program to
7330, Station A, San Antonio, TX 78207-
Handicapped Chil-
support the establishment and operation of
[phone], and
3198, Telephone:
state protection and advocacy systems; (b)
Access to Respite Care and Help (ARCH),
dren and Crisis
a project grant program to support univer-
Chapel Hill Training Project, 800 Eastowne
Nurseries Act of 1986
sity-affiliated programs for persons with
Dr., Chapel Hill, NC 27514, Telephone:
developmental disabilities; and (c) grants
[phone].
This law is actually a pert of a larger
to nationally significant projects aimed at
the Children ' s Justice Act. Title
federal law,
,
increasing the independence, praluctivity,
H of this law includes provisions to fund
P.L. 100-146, The
and community integration of persons with
tempormy child care (e.g., nspite care) for
Developmental Dis-
Also, the Act
developmental disabilities.
children who have a disability or chronic
mandates the establishment and opeiation
abilities and Bill of
illness and crisis nurseries for children at
of a federal interagency committee to plan
risk of abuse or neglect. In 1988, the U.S.
Rights Act Amend-
for and coordinate xtivities related to per-
Department of Health and Human Services
sons with developmental disabilities.
ments of 1987
awarded approximately two million dollars
The term "developmental disability,"
to 16 states to develop and implement re-
as defiaed in the Act means:
The original law, the Mental Retarda-
spite care services. In 1989, this law was
tion Facilities and Community Mental
amended by P.L. 101-127, the Children
...a severe, chronic disability of a
Disabilities Temporary Care Health Centers Construction Act of 1963
with
person which: (a) is attributable to
(P.L. 88-164), which includes a Bill of
This law
Reauthorization Act of 1989.
a mental or physical impairment
Rights section for people with develop-
extended and expanded this program for
or combination of mental or
mental disabilities, was amended in 1987.
two years RA included an increase in fund-
physical impairments; (b) is mani -
Persons covered under this law now include
ing for these programs from $5 million to
fested before the person attains
those with mental retardation, autism, ce-
$20 million in 1990 and 1991. By July,
age twenty-two; (c) is likely to
rebral palsy, and epilepsy. This Act au-
1990, 87 grants were awarded to states to
continue indefinitely; (d) results
thorizes grants to support the planning, co-
develop and establish respite care programs
in substantial functional limita-
ordination, and delivery of specialized
and crisis nurseries.
tions in three or more of the fol-
services to persons with developmental
Additional information about these
Persons
Programs for Protection and Advocacy (P & A) for
Illness
With Developmental Disabilities and Persons with Mental
P & A for Persons with Mental Illness
P & A for Persons with Developmental
(PAMII)
Disabilities (PADD)
This progtam is modelled after the protection and advo-
Ibis program was originally established by the Develop-
The
cacy systems for persons with developmental disabilities.
mental Disabilities Assistance and Bill of Rights Act of 1975
and
program was authorized by P.L. 99-319, the Protection
(P.L. 94-103), which mandated that each state and territory
Advocacy for Mentally 111 (PAM) Individuals Act of 196.
establish a protection and advocacy system as a condition for
ln 1988, P.L. 99-509 reauthorized she pogrom. The system
receiving its funding under this law. Agencies established to
was established to protect the rights of persons with mental
provide these advocacy services had to have the ability to
illness under federal and state laws, and to investigate allega-
pursue legal, administrative, and other approptiate remedies
tionsof abuse and neglect of persons residing in facilities. The
to protect the rights of individuals with developmental dis-
System is designated to the agencies housing protection and
abilities under federal and state taws. The Governor of each
advocacy for persons with developmental disabilities in each
state must designate a program to serve as the P & A System,
state and taritory. The federal agency responsible for ad-
and must assure that the System is independent of any service
ministering the PAM program is the U.S. Department of
provider. The federal agency responsible for administering
Health and Human Services, National Institute of Mental
the P & A System is the U.S. Department of Health and Human
Health.
Services, Administration on Developmental Disabilities. The
program was reauthorized by PL. 101- 496 in 1990.
For more information about these programs and to locate the PADD or PAMII program in your state or territory, contact
Washington, DC
the National Association of Protection & Advocacy Systems (NAPAS), 900 Second Street, N13, Suite 211,
20002. Telephone [phone] (TDD).
8
9
BEST COPY AVAILABLE
U.S. Department of Justice, Civil Rights
assessment; (3) support groups; (4) public
lowing areas of major life activity:
(1) self-care; (2) receptive and
Division, Coordination and Review Sec-
awareness programs; (5) mining and tech-
tion, P.O. Box 66118, Washington, D.C.
nical assistance; (6) access to related infor-
express ive language; (3) learning;
20035-6118. Telephone [phone]
mation; (7) interagency agreements; and
(4) mobility; (5) self-direction; (6)
capacity for independent living;
(8) other activities necessary for develop-
(voice) and [phone]/83 (TDD), 11
A.M. to 4 P.M. Eastern time. Additional
ing, implementing, or evaluating a state-
and (7) economic sufficiency; and
wide service delivery system. To date, 23
(e) reflects the person's need for a
information is also available from NICHCY
.
combination and sequence of spe-
states have successfully competed for funds.
In addition, the National Institute on Dis-
cial, interdisciplinary, or generic
ability and Rehabilitation Research
State Laws
care, treatment, or other services
which are of lifelong or extended
(NIDRR) awarded a contract to the Asso-
duration and are individually
Relating to
ciation for the Advancement of Rehabilita-
planned and coordinated.
tion Technology (RESNA) to provide tech-
Children and Youth
nical assistance and information to states on
All services provided under this law
the development and implementation of a
must be aimed at providing opportunities
With Disabilities
consumer-responsive, state-wide program
and assistance for persons with develop-
of technology-related assistance under the
Act.
mental disabilities to enable them to "achieve
their maximum potential through increased
Title II of P.L. 100-407 authorizes the
How states implement the requirements
independence, productivity, and integra-
of federal laws is covered by the primary
federal government to perform various ac-
tion into the community."
and basic source of law for the nationthe
tivities to help states develop their service
The most recent amendments to this
United States Comitution. Federal laws
delivery systems. These activities include:
law were passed by Congress and signed
a study to be undertaken by the National
passed by Congress must be based on the
into law by President Bush in 1990 (the
Council on Disability to identify practices
provisions of the Constitution. State consti-
that facilitate or impede the fmancing of
tutions and laws may go beyond what is
Developmental Disabilities Assistance and
Bill of Rights Act of 1990, P.L. 101-496).
assistive technology devices or services;
provided in the federal law, as long as there
and a study ef the need for a National
is no conflict between them, and as long as
Information and Program Referral Network
state laws do not address areas reserved to
P.L. 100-407, The
to assist states in responding to technology-
the federal government, such as providing
Technology-Related
related informadon needs.
for the nation's defense.
The major Constitutional provisions
Assistance for Indi-
that are of importance to children and youth
viduals with Disa-
P.L. 101-336, The
with disabilities are (a) those that provide
bilities Act of 1988
for the spending of money to protect the
Americans with
general welfare, and (b) the fourteenth
Disabilities Act of
The primary purpose of this Act is to
amendment, which provides that no states
assist states in developing comprehensive,
shall "deprive any person of life, liberty, or
1990
property, without the due process of
consumer-responsive programs of tech-
The Americans with Disabilities Act
law...nor deny...equal protection of the
nology-related assistance and to extend the
(ADA) was signed into law by President
availability of assistive tec hnology to indi-
It is important to remember that
laws."
viduals with disabilities and their families.
Bush on July 26, 1990. The central purpose
there is no constitutional provision requir-
of this Act is to extend to individuals with
"Ascistive technology device" is defin-
ing that the federal government provide
ed by lire kct as "any item, piece of equip-
disabilities civil rights protections similar
education. Under the tenth amendment to
ptoduct system whether acquired
ment,
to those provided to individuals on the basis
the Constitution, it states that, "powers not
of race, sex, national origin, and religion.
off the shelf, modified or customized that is
delegated to the United States by the Con-
used to increase, maintain, or improve func-
stitution, nor prohibited to the States, are
Based on the concepts of the Rehabilitation
tional capabilities of individuals with dis-
Act of 1973, the ADA guarantees equal
reserved to the States...".
Therefore, all
abilities." The broad dermition of devices
opportunity for individuals with disabilities
states have provided for public education,
included under the law gives states great
in employment, public accommodation,
either by state constitution, state law, or
flexibility in the programs to be developed.
transportation, State and local government
States are required under the due
both.
Tide I of P.L 100-407 provides states
services, and telecommunications.
The
process and equal protection clauses of the
ADA is the moss significant federal law
with funds to develop a consumer-respon-
fourteenth amendment to provide educa-
sive state system of assistive technology
assuring the full civil rights of all individu-
tion on an equal basis and to provide due
States receiving funds may de-
services.
als with disabilities.
process before denying equal educational
velop or carry out any of the following: (1)
For additional information and answers
programming
.
model delivery systems; (2) state-wide needs
to questions regarding the ADA, contact the
As you can see, most laws providing