History of IDEA (Part 2)

Legislation on behalf of students with disabilities did not just happen.  My mother was a teacher in Rochester, New York, in 1939.  She described how elementary schools addressed the needs of these students – they didn’t specifically individualize instruction.  The students were in the regular class and the teacher taught the class, not differentiating specific instructional plans but instead teaching to where the students functioned academically.

Specific legislation was the result of a long process involving complex and interwoven historical events.  Special education formally began in the United States in 1823 with the establishment of a state school in Kentucky for people who were deaf.  The earliest federal roles from the 1820s to the 1870s targeted the mentally ill, the blind, and the deaf.  After World Wars I and II, there was a focus on vocational rehabilitation and supportive aid for returning disabled veterans.  Additional important legislation included The Social Security Act enacted in 1935 and established a system of Federal old-age benefits, as well as enabling several States to make provisions for blind persons, dependent and crippled children, maternal and child welfare, public health, and unemployment compensation. The Federal government sought to improve elementary and secondary education programs for reasons ranging from alleviating poverty to stimulating the domestic economy to increasing the performance of American students in comparison to those in other industrialized nations.

With the launch of Sputnik 1 by the Russians in 1957, the US gained an inspired interest in improving American education.  The omnibus National Defense Education Act of 1958 approved $887 million spread across primary, secondary, vocational, and higher education programs with an emphasis on identifying students gifted in science, mathematics, and foreign languages. In the 1950s and 1960s, the Federal government, with the support and advocacy of family associations, such as The ARC, began to develop and validate practices for children with disabilities and their families.  

There are numerous illustrations of key early Federal legislation that supported improved programs and services, including:

  • Training of Personnel Act of 1959 (PL86-1580
  • Captioned Films Acts of 1958 (PL87-715)
  • Teachers of the Deaf Act of 1961 (PL 87-276)

What is IDEA? (Part 1)

The use of jargon in special education and early intervention is overwhelming for parents and many non-special educators.  For example, how many of you know what IDEA stands for?  It is the current term for the Individuals with Disabilities Education Act.  

“The Individuals with Disabilities Education Act is a piece of American legislation that ensures students with a disability are provided with Free Appropriate Public Education that is tailored to their individual needs. IDEA was previously known as the Education for All Handicapped Children Act from 1975 to 1990.”  Wikipedia

Public lawPub.L. 101-476

U.S.C. sections amended1400 et seq

Long titleIndividuals with Disabilities Education Act

Acts amendedEducation for All Handicapped Children Act

Enacted bythe 101st United States Congress

Titles amended20

Statutes at Large104 Stat. 1142

Adaptive Clothing for Children with Disabilities

During my early years as a special educator, I had to alter clothing for my students, by cutting out labels, adding extra large zippers, adding magnets to easily secure clothing, and using velcro for fly closures. Now, with the increasing awareness of the needs of students with disabilities, particularly for independence, retailers are recognizing the need for adaptive clothing and the financial gains retail markets represent. Retailers are adapting clothing for children with medical needs as well, including hidden access to medical ports and adaptive underwear for incontinence pads.

Sales of specialized clothing apparel are expected to top $1 billion, with the demand outpacing availability. With the market expanding and the need for both casual clothing for children and more high end options for working adults, many more retailers are expected to add greater options for size, styles, and purchasing options, both online and in-store.

https://www.washingtonpost.com/business/2021/08/06/adaptive-clothing-target-kohls-jcpenney/

Photo by Marcus Aurelius on Pexels.com

Knowing the Impact of Learning Loss

            March 14, 2020, ushered in an unanticipated and fundamental change in the delivery of services for children with disabilities, upending the timely identification, assessment, evaluation, and delivery of services.  While education for all children changed, the pandemic required a unique interpretation of services for children with disabilities and a cataclysmic revisioning of the meaning of timely services and the where and location for the delivery of services.  Timelines and delivery modes were revamped, striving to revision a mode of virtual and hybrid services in a constrained model of what are early intervention and special education services consistent with federal and state laws and regulations. Initially, it was thought that federal waivers would be available. Instead, broad guidance was provided, leaving states with the responsibility to devise a broad range of substitute strategies for identification of eligible children and the delivering of services to implement diverse and individualized educational programs. 

            The myriad of issues and initial service solutions was confusing, leaving many families with the complete cessation of services and others with a near perversion of therapeutic strategies designed to address the needs of the more severely disabled.  Social and income inequities surfaced immediately with many families lacking access to internet and without the necessary technologies to participate in any form of virtual learning or services. Issues of childcare and parents as teachers have plagued the implementation of the varied models of services.  States floundered in the specific guidance needed by local systems and funding lagged to assist in modification of classrooms, delivery models, and the need to address transportation.  Solutions were as diverse as there are local systems and funding options.  

Initially many educators and parents relied on the guidance that children would return to school in the fall of 2020.  Young children and students with disabilities face significant education challenges as the beginning of school in the fall approaches. Around the country, school districts are grappling with the format and pace of programming while at the same time accommodating the learning needs of many children.  The physical obstacles include transportation of children while observing social distancing and variations in hybrid models of in-school and virtual learning.          

Many young children and students with disabilities may not be willing to tolerate masks, particularly when riding for long periods of time on a bus or when attempting to communicate if dependent on sign language or communication supports.  Variability in routines will challenge children if the schedules are intermittent or are unexpectedly changed due to recurrent school closures for student or teacher illness.     

Some children with IFSPs and IEPs that have not been implemented during the quarantine period may be eligible for extended school year, as well as compensatory services.  Team meetings, with parent participation, will evaluate the current levels of student functioning within the curriculum and determine any revisions that will assist the child to be successful. Additional educational and therapeutic services may be necessary to support the child with regressions during distance learning.

The Unexpected Benefits of Remote Learning for Neurodivergent Students | EdSurge News

Learning disruptions have been an unfortunate but all-too-frequent sight during the pandemic. But not every student felt those effects evenly as …
— Read on www.edsurge.com/news/2021-08-04-the-unexpected-benefits-of-remote-learning-for-neurodivergent-students

This story reminds us of the importance of individualized compensation for loss learning since March 20, 2020. Every IEP needs to be reviewed in a meeting with appropriate educators and professionals able to determine the services and frequency needed to provide an opportunity to regain prior skills and learning.

Changes in Attitude and Language

Check out this article from USA TODAY:

‘I am not ashamed’: Disability advocates, experts implore you to stop saying ‘special needs’

https://www.usatoday.com/story/life/health-wellness/2021/06/11/disabled-not-special-needs-experts-explain-why-never-use-term/7591024002/

Having worked in the fields of early intervention services and special education for many decades, this story has a tired theme but one that may resonant with younger parents and professionals. My first teaching job was in 1971. I was teaching a class of “multiply handicapped” students in a school for the severely mentally retarded and educable children.

In 1975 the Education for All Handicapped Children Act (EAHCA) a comprehensive federal law known as Public Law 94-142, was enacted. It required public schools to provide a free appropriate education for all children with disabilities, ages 3 to 21. When the law was reauthorized in 1990 it was changed to the Individuals with Disabilities Education Act (IDEA). Subsequently the terms of “retarded” and physical handicaps were discarded and collapsed to the disabled.

During this time, the concept of “special needs” crept into the increasingly benign language and included those with mental health, cognitive impairments, physical disabilities, and increasingly, autism. Many parents described their children as having unique learning needs or accommodations.

Then, while I was teaching graduate students, the term of humanity first was the preferred description. Students with disabilities or students with learning challenges, emphazing that all children were children and the accompanying descriptions were secondary coniderations.

This article emphasizes the new movement with an emphasis on identify first, hence the return of the disabled student, child, or adult. It appears to be in keeping with the societal movement toward identifyinng differences as primary, underemphasizing our membership in humanity and our wholeness.

Given my longevity in this field, I am not comfortable returning to a term that can be used as a pejorative description. It has taken many years for the disabled to achieve parity with the able-bodied. When we live in a country with a President who used disability mannerisms as a political tool and a poor attempt at humor, we need to be reminded that we are all people with unique needs.

Severely Disabled Children and the Need for Home-Based Services

www.nytimes.com/2021/06/04/health/nursing-shortage-disabled-children.html

Another of the less apparent impact of COVID is the personal toll the lack of health professionals has meant for families with severely disabled children. It took years for the health system to understand the need for home-based nursing and the benefits for the family and the savings in health care dollars. Now….so few health professionals are available and families are struggling. No one can walk on their path, experiencing the pain and exhaustion of keeping a child alive, 24 /7.

The Devastating Impact of Covid-19 on Individuals with Intellectual Disabilities in the United States | Catalyst non-issue content

The Devastating Impact of Covid-19 on Individuals with Intellectual Disabilities in the United States | Catalyst non-issue content
— Read on catalyst.nejm.org/doi/full/10.1056/CAT.21.0051

https://catalyst.nejm.org/doi/full/10.1056/CAT.21.0051

Individuals with intellectual disabilities are more vulnerable to COVID as a result of lack of access to health care and vaccines. In addition, many have sensory or behavior issues which limit mask wearing.