Nicole Miller
02/17/05
Special Education 201
Legal Aspects Reflection
Special Education has been around for many years. “Special education is the education
program designed to meet the unique needs of exceptional children,” (Hunt & Marshall, 4). It is
a service that people have fought for against ridicules and politics since it was developed by Jean
Marc Itard in France in the 1700s. Itard is known as the “Father of Special Education.” He first
worked with Vicktor, the Wild Boy of Averynon. Eduardo Seguin and Maria Montessori
(Montessori schools) were greatly influenced by Itard and developed Special education in
Europe. Samuel Gridley Howe and Anne Sullivan Macy brought it to the United States. Since
the development of Special Education, millions of lives have been changed. Students found the
help they needed.
In the United States, it was not until the 1960s that Special Education was fully
established and recognized. “Families of children with disabilities either kept their children at
home without going to school, or placed them in institutions,” (7). John F. Kennedy influenced
the lives of people with mental retardation because he wanted to enrich their lives. He
acknowledged the concerns and assisted with “federal funds” for teachers and students of special
education.
Special education has come a long way in this world. Public Law 94-142, now known as
the Individuals with Disabilities Education Act (IDEA) has changed the lives of children with
disabilities. This law “requires that every child between the ages of 3 and 21 with a disability be
provided a free, appropriate public education in the least restrictive environment,” (12). The
least restrictive environment (LRE) is inclusion or spending the appropriate amount of time and
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interaction with non-disabled children with the support the child needs. With this law,
individualization is the main goal. Each student has different needs, and individually, those
needs are met. The individual student has the right to an Individualized Education Plan (IEP).
“The IEP outlines the educational plan for each student,” (26). A group made up of the
individual child’s parents, general education teacher, special education teacher, the principal or
administrative designee, specialists that the child is receiving aid from, and of course, the child
himself/herself meets together once a year or more to go over the child’s needs. The IEP
determines the amount of hours the child is placed in inclusion and many other issues.
The foundations of IDEA include the Zero reject, FAPE, LRE, Nondiscriminatory
evaluation, Due process and procedural safeguards, and technology-related assistance. Zero
reject states that a child in special education can never be expelled under the federal government.
FAPE (Free appropriate public education) states that school is free with no cost to a child and the
proper curriculum is given to the students. LRE is inclusion with the appropriate amount of
hours spent in the general education class. Nondiscriminatory evaluation states that “evaluation
procedures must be conducted with fairness in the child’s native language, using multiple
measures,” (13). Due process and procedural safeguards states that a child cannot be placed in
special education without the parent’s permission, and the parents have the right to challenge the
issue. Technology-related assistance states that a child may receive “assistive technology
devices” for his/her needs.
In order for inclusion to be fair, teachers and students must be open to it and one another.
It is very important “that all teachers receive appropriate preparation and education about
meeting the needs of children with disabilities,” (11). Children with disabilities must be taught
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and learn effectively and efficiently in their general education class. Teachers and students must
be provided proper aides and support. This leads to a healthy education environment.
IDEA has many positive effects on the United States. Children with disabilities now
have the chance to experience normalization where they can “have the opportunity to lead a life
as close to normal as possible,” (8) in the least restrictive environment. This demands group
effort and cooperation between the general education teacher and the special education teacher.
The child will experience nondiscriminatory evaluation, procedural due process, and zero reject.
This is all in favor for the student.
IDEA has few but strong negatives effects also. Zero reject is a law placed in order to
protect the child with a disability. But, this law can be taken advantage of by a child. Because
the child with a disability can never be expelled, this gives leniency to misbehave. The IEP
determines if the act of misbehavior was a “manifestation of disability.” If the misbehavior was
caused by the disability, it is excused. But there is a big loophole in determining if the
misbehavior was or was caused by the disability. Behavior is not always associated with a
disability. Whether a child has a disability or not, that child has the choice either to misbehave
or behave. This law protects children with disabilities, but it is unfair to students without
disabilities.
Special education is such a great service given to children with disabilities. “Disability is
part of the human experience.” Special education has touched so many lives and has changed
the world. No longer will people be ashamed of themselves because of ignorance of the world
and politics. We are all the same, but we are individuals. IDEA has helped us become human.
Special education is very special.
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