Introduction
Education has long been termed as the universal “key to success”. It is through a good education that we equip ourselves with the best skills both mentally and physically so as to yield positive results in our journey for success. The educational system of a society is fundamental to the development and ultimate advancement of the entire community.
Educators, scholars and governments all over the world have acknowledged that the educational structure and practices adopted can have a significant effect on the education of the population leading to significant impact on economic and social outcomes of their citizens.
An effective educational system which yields high results is therefore seen as being essential for a nation’s well being. However, there are cases whereby students are unable to fully utilize education systems as required. This is mostly attributed to the fact that individuals differ in terms of ability, intelligence and physical attributes. These differences may inhibit a student’s ability to learn.
Due to the pressure imposed by parents and government institutions, schools all over the world avoid admitting students with disabilities so that they can maintain the required standard of success.
Considering that in most cases the disabilities are not intentional, most parents have over the years recommended that laws be enacted which protect the rights of such students as regarding to getting equal or special considerations as those offered to normal students in school settings. This paper shall therefore set out to explore the Individual with Disability Education Act (IDEA) and how it has impacted education.
To this end, a brief overview of the Act shall be offered and the positive and negative implications the Act has on education shall be discussed. Various case laws shall be used to shed some light on the impact that this Act has had on education.
IDEA: a brief overview
According to Javier (2005), the Individual with Disability Education Act is a federal law which was enacted in 1990. It was later reauthorized in 1997 when cases of discrimination against the disabled in schools became rampant. The Act was implemented so as to protect the disabled by ensuring that they had access to free appropriate public education (FAPE).
This Act was therefore enacted to protect the rights of the disabled members of society who would have otherwise been denied access to public education due to their disabilities. In addition, the act also aimed at ensuring that public schools implemented special education services as well as the procedures to be followed in implementing the same (Javier, 2005).
Special education services refer to the policies and programs that are implemented so as to satisfy the unique needs of students in a school setting. Some of the services include but are not limited to various forms of therapy, modified curriculums, assistive technologies and individual or group instructions.
The need for IDEA
Shandra and Hogan (2009) state that, in the past, disabled members of society were often discriminated against and were viewed as a burden. This was mainly due to the fact that they could not do anything that would help improve society and if they did, it would not be as quick or efficient as required.
This stereotype was also evident in the education system. Disabled members of the society would not be admitted in public schools since people believed that they would slow down the other normal students. As such, the only shot the disabled had on getting a good education was either through private schools or homeschooling.
Private schools were expensive and homeschooling was not as effective and practical as required. This sad state of affairs would explain why the number of illiterate and semi-illiterate disabled individuals was high back then as compared to the numbers today. So, what changed?
As the importance of education and equality became more apparent, policy makers and governments thought it wise to formulate a law which would ensure that all citizens get access to quality education. This was backed by the fact that education would promote social and economic progress by ensuring that majority of the citizens had a fighting chance when it comes to getting jobs.
As such, this Act was enacted to ensure that individuals (regardless of their abilities) got equal job opportunities. This would only be achieved if they all got the same education which would in turn enable them to have similar credentials needed to apply for a job all the while minimizing the chance of being discriminated against due to their differences.
Impacts of IDEA on Education
Proponents of the IDEA have proposed that the Act has promoted equality in our educational systems. In the case Jim v Arkansas Department of Education, 197 F.3D 958 (8TH Cir, 1999), the parents of an autistic boy bought suit against The Arkansas Department of Education alleging that the department had failed to uphold its obligation pursuant to section 504 of the Rehabilitation Act.
The Department moved to dismiss the case, and after a lower court denying the dismissal, a higher court reversing in the Department’s favor to dismiss the case, the case ultimately reached the 8th Circuit for a decision. The issue in this case was whether a state had the ability to waive sovereign immunity pursuant to the 11th Amendment (state autonomy) and ultimately insulating a state from a suit against them in federal court.
Brady (2004) states that discrimination against disabled students Is not allowed under section 504 of the rehabilitation Act. According to the author, this mostly applies to any program or activity that is entitled to receive support from the federal government (Brady, 2004). Within this statute, the state does not represent the activity or program in question.
However, the department that is eligible to federal funding falls under the category of a “program or activity”. The Court further disagreed with the defendants argument that Congress over exceeds its spending power by placing conditions on receiving funds. The Court ruled that Congress had the power to place such conditions resulting in the Court ruling against the Arkansas Department of Education.
In this case, the judges were of the opinion that the state had the power to choose whether to terminate federal aid offered to facilitate education or, agree on the fact that the Department of Education was in violation of the rehabilitation Act and could therefore be sued under section 504 (Brady, 2004). The panel was convinced that the spending clause allowed the congress to inform the state of these choices.
Educational Implications
Access to Quality Education for Children With Special Needs and Disabilities
If states were able to waive the relevant statute without consequences, children with special needs and disabilities would not be accommodated with the education that they need. This would have a huge impact on parents fighting for their children’s education because they would be faced with no recourse.
Arguably, children with disabilities need access to quality education just as much as anyone else if they are to experience developmental growth. The idea that a school district or board could waive sovereign immunity not to provide the level of education that is needed is disdainful.
On the same note, Connor and Ferri (2004) assert that secluding the disabled from regular classes not only reduces their level of commitment and determination, it also lessens their social development since disabled students often view themselves as being outcasts.
However, the authors state that the Act’s requirement that disabled students be placed in similar settings as normal students not only gives them a sense of belonging, but motivates the disabled students towards improving their performance so as to compete with normal students.
This is basically a normal psychological response whereby people who feel less worthy work harder so as to prove that they have the ability to perform as their capable friends and counterparts. As such, the IDEA has increased performance in schools as students compete more effectively.
Similarly, Yell (2006) states that the IDEA ensures that disabled students are taught in the same classroom as their normal peers to the greatest extent possible. The enactment of the IDEA was as a result of increased unfair segregation and discrimination against the disabled that was prevalent during the 70’s in most school settings.
For example, in the case Beattie vs. Board of Education (1919), a student who had a disability that affected him physically (drooling, speech problems and involuntary facial movements) was removed from his school on the account that his condition caused great discomfort to his teachers (Jaeger et al, 2009). This was especially unfair considering that the student intellectual capability was intact as compared to the rest of the students.
Consequently, the Wisconsin’s Supreme Court ruled that the school was indeed entitled to expel the child from the public education system. To make matters worse, the student was placed in a school for the deaf. This was hardly an appropriate setting in this circumstance.
Fortunately, the least restrictive environment clause of the IDEA aims at ensuring that disabled students were allowed to get educated at an environment similar to that offered to their normal peers (Jaeger et al, 2009).
Segregation of Students With Disabilities
If schools were allowed to segregate students with disabilities by placing them in less fitting learning environments, disabled students would not be able to get the education they deserve. Some forms of disabilities that do not affect the intellectual capability of the student should not be used as a reason to segregate disabled students from normal classes.
The LRE clause of the IDEA impacts education in the sense that public learning institutions have to make provisions (in terms of structures, curriculum and facilities) that best suit all students regardless of their abilities (Congress, 2010). This has in turn improved the quality of education offered in schools because all students have unrestricted access to various amenities that help them gain the most from the education system.
Similarly, the cases Pennsylvania Assn. for Retarded Children v. Commonwealth of Pennsylvania (1972) and Mills vs. Board of Education (1972) have been documented as being the most influential cases that affected the course of education as regarding to disabled children (Yell, 2006).
In these cases, concerned members advocated for publicly supported education for disabled children, the implementation of special programs for the disabled in public schools and the inclusion of due process in the admission of disabled students into public schools (Siegel, 2011). In both cases, the main concern was that disabled students were not protected by law as adequately as required.
Discrimination Against Disabled Students
If leaning institutions were allowed to discriminate against disabled students in terms of lack of adequate learning facilities that cater for the special needs of individual students or denying them admission on account that they are disabled, such students would be of little to no benefit to today’s society which demands high levels of skills and knowledge if people are to survive (Connor & Ferri, 2007).
In addition, if due process was not provided for disabled students, parents and concerned parties would have no avenue through which they can legally fight against discriminatory practices directed to disabled children in educational settings.
As such, the IDEA has greatly impacted education in the sense that it provides students and parents with an avenue through which they can protect their right to quality education, all the while providing them with guidelines which ensure that the needs of disabled children are met in all schools.
On the same note, Yell (2005) states that the principles used to develop the IDEA have greatly impacted education. For starters, the author reiterates that the principle of Zero Reject stipulates that all schools have a responsibility to educate all the disabled students that apply to that school.
In addition, this principle is further founded on the assumption that the severity of the disability is of no relevance when it comes to admitting and educating disabled students.
As such, the state education agency is expected to evaluate and locate all disabled students within the state and make provisions as to how best they can acquire quality education. This ensures that all disabled students get an education regardless of their condition.
In addition, the Nondiscriminatory Identification and Evaluation policy impacts education in the sense that it calls for a fair, multifaceted and accurate evaluation process that is free of biasness when it comes to determining whether a student has a valid disability or is in need of special education. As such, the student vetting process in education is often free of cultural, gender and lingual biasness as was the case in the past.
In addition, Gargiulo (2010) states that the Free, Appropriate Public Education (FAPE) ensures that all disabled children have access to quality education without incurring any cost to the family.
Arguably, some institutions may take advantage of such situations and demand for extra payment if disabled students are to be educated. However, this provision of the IDEA protects parents and students from such incidences and ensures that disabled parties are free from corruption and dubious practices in schools.
On the same note, IDEA has some procedural guidelines which safeguard the disabled students and their parents against any infringement of their rights to quality and free education. These due processes ensure that the vetting, confidentiality, conflict resolution and treatment of disabled students are protected and handled in a legally acceptable manner.
This provision ensures that schools abide to all the laws instituted to govern against discrimination and breach of agreements therefore making schools compliant to set legal standards.
In addition, Haworth (2004) states that IDEA gives parents and students an opportunity to participate in the decision-making processes as regarding to selection of special education programs, IEP goals and objectives, placement issues among others.
This prevents schools from making decisions that favor the school other than those of the student. In addition, parents play an active role in facilitating their children’s educational growth and development (Shandra & Hogan, 2009).
Conclusion
This paper set out to show how IDEA has impacted education. To this end, various case laws have been used to elaborate the extent to which IDEA has affected the course of education in today’s society. Similarly, the concepts and principles behind the act have also been discussed and their relevance in safeguarding education discussed.
From this discussion, it is evident that IDEA was enacted to ensure that states are held responsible for the education of all members of the state. While in the past acts of discrimination against the disabled were accepted even by law, IDEA has revolutionized this state of affair by promoting equality in our educational systems.
Through this act, millions of people have accessed quality education and made a difference in the world despite their shortcomings. As such, it is the responsibility of parents who have disabled children to understand this act and use its context to ensure that their children get the best out of our educational systems.
While disabilities are in most cases never a matter of choice, getting quality education is and IDEA has been enacted to facilitate the disabled make that choice.
References
Brady, K. (2004). Section 504 Student Eligibility for Students with Reading Disabilities: A Primer for Advocates. Reading & Writing Quarterly: Overcoming Learning Difficulties, 20(3): 305 – 329.
Congress. (2010). Congressional Record, Volumes 109-122; Volumes 1963-1966. Washington: Government Printing Office.
Connor, D., & Ferri, B. (2007). The conflict within: resistance to inclusion and other paradoxes in special education. Disability & Society, 22(1): 63 – 77.
Gargiulo, R. (2010). Special Education in Contemporary Society: An Introduction to Exceptionality. New York: SAGE.
Haworth, N. (2004). Individuals with Disabilities Education ACT: A Noble Theory, an Ignoble Practice as Unfolded Through One Teacher’s Heuristic Inquiry. USA: Universal-Publishers.
Jaeger, P et al. (2009). Disability Matters (Gpg) (PB). USA: IAP.
Javier, I. (2005). The Individuals with Disabilities Education Act (IDEA). New Jersey: Nova Publishers.
Shandra, C., & Hogan, D. (2009). The Educational Attainment Process among Adolescents with Disabilities and Children of Parents with Disabilities. International Journal of Disability, Development and Education, 56(4): 363 – 379.
Siegel, L. (2011). The Complete IEP Guide: How to Advocate for Your Special Ed Child. Ohio: Nolo.
Yell, M. (2006). The law and special education. New York: Pearson Merrill Prentice Hall.