Laws governing special education have changed over time. Initially, the laws did not give much attention to the needs of the special needs students. However, today, special education laws have been developed both at the federal and state level. Several laws and acts manage the disability education including the IEP laws, IDEA laws, and Rehabilitation Act among others. Every state in the United States has its method of determining guidelines and programs that are used to qualify students for special education. In order to gain more information regarding the history of special education, legal framework, and the implementation of various laws, I interviewed John Moss, a state attorney and backed his assertions with a thorough research I carried out using scholarly articles.
Relationship between Law and School
Many schools in the United States are changing to conform to the demands of the 21 st century. Such demands require that educational administrators adhere to the legal tenets that face schools. Administrators must be aware of various constitutional rights that students must enjoy in school. Several laws are governing both private and public schools. The private schools are not entitled to funding from the government while the public schools are completely controlled by both federal and state governments hence enjoying funding.
Delegate your assignment to our experts and they will do the rest.
Research and Information
Evolution of the Legal System With regards to Special Education
With regards to the question of the evolution of the legal system and how it has applied to special education over the past 20 years, the information acquired from the interview was very resourceful. The attorney recalled the last 20 years and asserted that the students who were supposed to benefit from special need serviced in the real sense did not receive them. The major reason why did not get the services was that they were not tested. Special education at that particular time was regarded more of an emotional problem than a learning disability. The educators felt that children who faced difficulty in learning as a result of disability needed to apply a little bit more effort and they could hence overcome the challenges. The evolution of the legal system has resulted in many changes in the way the children with disability are handled. According to Salvia et al . (2012), the legal system has provided for a testing mechanism where children can be tested for different types of disabilities and after that develop better education plans that are suited for every specific child. The legal provision also stipulates that every child can access special needs services despite the school they attend. The attorney affirmed that this was a breakthrough as parents need not worry about the particular school they take their children.
From research on the same matter, I found out that the ‘’Individuals with Disability Education Act’’ (IDEA) was the body that resulted in many changes with regards to handling the children with disabilities. Barton & Tomlinson, (2012) asserted that the act was introduced in the late 1980s and was passed in the early 1990s. The IDEA was an act that replaced the initial law known as Handicapped Children Act (EHA). The difference between the two acts is that the latter focuses on the child while the former focused on the child’s condition. The purpose of IDEA included providing free and appropriate public education to children living with disabilities and also to give parents autonomy in matters concerning the education of their children. Through IDEA, the scope of disability has been increased to cover 13 categories that include emotional disturbances, orthopedic impairment, deafness, and autism among others.
Difference in Legal Frameworks in Private and Public Schools
On the question of how the legal framework differs for students with a disability in public and private school, the attorney asserted that public schools are under the control of both federal and state law. He further added that private schools are difficult to control or regulate due to their lack of public funding. Since the public schools are subject to public funding, they are also subject to legislations by the federal government. The attorney also acknowledged that the IDEA outlines goals and services that are meant for the individual needs of a particular learner. Therefore, such provisions do not apply to the regular students. Through research, I found out that IDEA states that private school students do not enjoy the same legal rights regarding special education services as those in the public school would do. IDEA, however, has certain regulations that private schools should follow. They include determining if the student is qualified for special education, evaluating a student for special education in the case of a referral, and developing an amicable Instructional school plan for the student's school.
Who Monitors the Evaluation and Implementation of IEPs?
On who monitors the implementation and evaluation of the IEPs in both public and private school, the attorney pointed out the teachers, administrators, and parents as the people with the responsibility to undertake this duty. The attorney added that each school district is required to have a director of special education or an education administrator who conducts the IEP meetings to ensure that the student's needs are met. In a broader picture, the departments of education in every state are mandated with the duty of monitoring every district to ensure that they comply with the provisions. On further research, I found contrasting information about the implementation and evaluation of the IEPs. In any case, a public school places a student with an IEP in a private institution; it remains the duty of the public school to ensure that the private institution implements the IEP. Also, it is worthy to appreciate the fact that all the children attending public schools are entitled to free education and IEP that is appropriate. Since private schools do not receive public funding, they do not offer the free implementation of the IEP.
Areas that Require Refinement
In the legal expert opinion, there are certain elements of the law that require refinement. Better processes should be developed for parents who fail to agree with the findings of the special education team concerning the IEP. This only compels the parents to enroll their children in private school, which is not an option for many parents. The legislature should provide for a due process where things are made clear to the parents who may be forced to undergo the system without the help of an attorney or an advocate in the education system. Other areas that also require refinement include funding. Additional funding might be necessary to ensure that special needs education in the public school is efficiently taught. Fine, (2014) pointed out that rules should also be made clear to prevent the parents from getting frustrated while following up on their children’s education. The rules and requirements surrounding special education that might also hinder the teacher from efficiently carrying out their roles should be revised.
References
Barton, L., & Tomlinson, S. (Eds.). (2012). Special Education and Social Interests (RLE Edu M) . Routledge.
Fine, M. J. (2014). The second handbook on parent education: Contemporary perspectives . Elsevier.
Salvia, J., Ysseldyke, J., & Witmer, S. (2012). Assessment: In special and inclusive education . Cengage Learning.
