Special education rights and the Individualized Educational Program

Rights of Disabled Children

In the United States, there are 4.5 million of youths who are considered disabled. Basically, a disabled child is someone whose age is less than or equal to 21, and who possesses physical, mental, or behavioral disorder (ERIC Digest #E456). Because of such handicaps, in terms of education, the disabled children are those who require certain amount of special assistance and attention to meet and achieve their needs and potentials.

Under the law governed by Education for All Handicapped Act of 1975, a child with disability has the right to special education. This Act directs a provision of funds to states and local districts for the education program of disabled children. It includes and mandates the provision of the following.

A comprehensive diagnosis of each child's disabilities by a qualified professional team, an annual review of each child's progress, the involvement of parents in educational decisions, and local school districts to actively search for and provide services to children between the ages of 3 and 5 who have disabilities (ERIC Digest #E456).

The question of what disabilities are covered by this Act is identified by Education for All Handicapped Act and the Individual with Disabilities Education Act (IDEA) by defining the term "child with disability" (Knoblauch & Sorenson, 1998) as the following.

A with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services."

IDEA and IEP

Individuals with Disabilities Education Act (IDEA) is an education act that provides state and local governments with financial assistance for the assurance to education of disabled children (ERIC Digest #E606). Eligible to this Act are those disabled children that qualify under the meaning of "child with disability" mentioned in the previous page.

The center of IDEA is the Individualized Educational Program (IEP). IEP is a contractual agreement that is specifically designed for each disabled student. This is a documentation of the necessary, applicable, and suitable instructions for the child's educational program. The goal of IEP is to provide a quality education to a disabled child whereby his needs, capacities, and abilities are met. Stephen Smith enumerates the following information, mandated by law, which are included in an IEP.

Current levels of educational performance

Measurable goals and measurable objectives or benchmarks

Programs for Special and Gifted Children

This includes children with special talents and skills, known as the Gifted Children. Aside from the opportunity of skipping grades, some states support this type of children in developing more of their skills through provision of their needs such as enhanced learning experiences, and counseling if necessary (ERIC Digest #E456).

Programs for the Physically Handicapped Children

This covers children with physical disabilities such as visual, hearing, and orthopedic impairments. Such children may be permitted to attend education in their respective residence, or in separate classes (ERIC Digest #E456). If attending in a regular class, special assistance and supervision must be provided (ERIC Digest #E456).

Some of the provisions that physically handicapped students may need are: instruction in braille for the blinds; large books, proper lighting, audible instructions, use of sign language, and speech workshops for the deaf; physical therapist for the orthopedic disabled. Special environment characteristics may also be needed such as the presence of ramps and wide doorways for wheelchairs (ERIC Digest #E456), or the presence of appropriate handles to assist them (for instance, in toilets and stairs).

Programs for Mentally and Behaviorally Handicapped Children

Education for children with mental and behavior disorders are provided with intesive care. Similar to the physically disabled children, they can attend education either in residential schools, in separate classes, or in regular classes with special assistance and supervision (ERIC Digest #E456).

Children with mental and behavior disorders may require support from teachers who specialize in psychological and sociological disorders, such as the psychologists, sociologists, and psychiatrists.

Programs for Children with Health Problems

This type of programs covers children with complicated health impairments who especially require intensive attention on their health care needs. Such includes those who suffer from health problems, who are medically fragile (ERIC Digest #E456), and who depend on life supports from medical devices.

Right to Regular Educational Environment

The least restrictive environment mandate states that children with disabilities have the right to be educated in a regular educational environment without discrimination.

Unless, however, that a child's education can not be effectively and satisfactorily achieved in a regular educational environment due to the nature and severity of his disability (Gus & Hulsey, 2002), he is entitled with all the right to learn in a regular class environment.

Conclusion

Children with disabilities also form part of our society. They are members of our nation who are entitled to their own rights. We must realize that the right to education is equally important to them as how it is to each one of us. The basic information on the Right to Education for the Disabled Children that were presented in this paper serve as guides on how education is served, and must be served, to our disadvantaged brothers and sisters. They are regulations mandated by law that proves the adherence of our nation to equality of rights.