ABSTRACT

Beginning with the authorization of the Education for All Handicapped Children Act (EHCA) in 1970 and continuing with the Individuals with Disabilities Education Act (IDEA, 1990, 1997, 2004), federal legislation has been working to meet the needs of all students through specific supports of students with disabilities. Through the many amendments to the law and litigation over the last four decades, disability categories have been added and refined, funding has been provided to states and technical assistance centers, and guidance has been specifically outlined regarding the implementation of services and supports for students with disabilities from birth to age 21. The IDEA contains five parts, or provisions, which outline specifically what is expected of states if they are to receive federal monies and also how the federal government is responsible for supporting research and implementation of best practices. Individual Education Plans (IEPs) are the cornerstone of the IDEA and special education. The IEP demonstrates how students will receive a free and appropriate public education (FAPE) in the least restrictive environment (LRE). There have been numerous court cases that have further defined what receiving FAPE in the LRE looks like in practice, but the core tenets remain: Use of evaluation and assessment results to determine students' present levels of academic and functional performance, identification of appropriate accommodations, modification and related services, determination of measurable annual goals, and an outline of the services being provided to the student. All of this information is used to make a placement decision, which must be in the LRE. FAPE and LRE are two of the primary mandates of the IDEA and ensure that students and families are provided the appropriate services at no cost, in the appropriate setting, so that educational progress is ensured for the student. The response by Congress to the growing population of students with disabilities who were not able to access their public education led to the eventual creation of the Individuals with Disabilities Education Act. The current 2004 iteration works to ensure that all students, birth to 21, and their families receive the necessary support as they traverse their public education in the United States.