Schools may offer a student less assistance and monitoring with Section because there are fewer regulations by the federal government to instruct them, especially in terms of compliance. In contrast, a child identified for services under IDEA must meet specific criteria. The degree of regulation is more specific in terms of time frames, parental participation, and formal paperwork requirements.
IDEA also addresses the special education of students with disabilities from preschool to graduation only from ages 3 to Section covers the lifespan and safeguards the rights of persons with disabilities in many areas of their lives, including employment, public access to buildings, transportation, and education. The criteria for identification, eligibility, appropriate education, and due process procedures under IDEA and Section vary.
It is important for you and your child's teachers to understand how these laws differ, and how those differences could affect your child's education. In order for children with disabilities to receive services, they must by identified and then determined to be eligible for these services.
Under IDEA guidelines, school districts are required to identify and evaluate all children suspected of having a disability whose families reside within the district.
Section does not have this requirement. Sometimes parents and school districts disagree about how a child with disabilities should be educated. When this happens, there are procedures in place to handle these disagreements. Copyright by the Council for Exceptional Children. Reprinted with permission. Sponsored Links About these ads Consumer Tips. All Rights Reserved. Learn more. Identification and Eligibility In order for children with disabilities to receive services, they must by identified and then determined to be eligible for these services.
IDEA Covers all school-aged children who fall within one or more specific categories of qualifying conditions i. Requires that a child's disability adversely affects her educational performance. Section Covers individuals who meet the definition of qualified "handicapped" person -- for example, a child who has or has had a physical or mental impairment that substantially limits a major life activity or is regarded as handicapped by others. Major life activities include: walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.
Does not require that a child need special education to qualify. Evaluation A child with a disability is assessed to determine what services, if any, are needed. However, children from poor families often attended school less frequently than their more affluent classmates. Poor children were also more likely to quit school entirely. Under these new laws, parents who did not make their children go to school could find themselves answering to the police.
Over the years, students with disabilities and their parents have fought many historic battles for equity in education. The history of special education timeline begins as early as the 19th century, when social reformers implemented compulsory school attendance laws with the hopes that school for everyone would benefit the common good.
The first special education programs were introduced to urban schools in the late s. In addition to their general education courses, these children received training in manual skills such as sewing, cooking and carpentry. In the same time period, school districts began to offer separate schools and classes for children with intellectual disabilities or sensory disabilities.
Many well-known schools for the deaf and blind were opened at this time. Nonetheless, classes designed to help students with learning disabilities or intellectual disabilities did not become common until the s. Most programs designed for students with special needs were private or required students to live in designated facilities.
For families of average monetary means, these programs were not accessible. In , the U. Supreme Court struck down segregation as the law of the land in the case Brown v. Board of Education. The court found that segregated schools deprive African-American students of equal educational opportunities. Not only was this a landmark case for civil rights, it also encouraged parents of children with disabilities to file suit against school districts that excluded or segregated their children.
The new provision funded new and existing programs for students with disabilities in public schools. The Education of the Handicapped Act provided funding to states for the purpose of developing educational programs and resources for students with disabilities. Many advocacy groups complained that the law was useless, however, because it did not include requirements on how to use the allocated funds.
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