Students with disabilities are protected by IDEA
January 27, 2025
The following article was written by Michael Tapia.
On Nov. 29, 1975, President Gerald Ford signed the Education for All Handicapped Children Act (Public Law 94-142) into law. In a 1990 reauthorization, this landmark law’s name was changed to the Individuals with Disabilities Education Act, or IDEA. In adopting this landmark civil rights measure, Congress opened public school doors for millions of children with disabilities and laid the foundation of the country’s commitment to ensuring that children with disabilities have opportunities to develop their talents, share their gifts and contribute to their communities. Congress reauthorized the IDEA in 2004 and again in 2015 through Public Law 114-95, also known as The Every Student Succeeds Act.
The IDEA guarantees access to a free appropriate public education (FAPE) in the least restrictive environment (LRE) to every child with a disability. Subsequent amendments, as reflected in the IDEA, have led to an increased emphasis on access to the general education curriculum, the provision of services for young children from birth to age 5, transition planning and accountability for the achievement of students with disabilities.
In the last 40-plus years, expectations for all children have been advanced, including children with disabilities. Classrooms have become more inclusive and significant progress has been made toward protecting the rights of, meeting the needs of and improving educational results and outcomes for children with disabilities.
In a report provided by the Pew Research Center in July 2023, it noted that 7.3 million disabled students in the U.S. made up 15 percent of national public-school enrollment in the 2021-22 school year. It also listed specific learning disabilities as the most common type of disability of students in Pre-K-12 grades with 12 percent of learning-disabled students identified as autistic. It’s important to also recognize that disabled students (and adults) transcend racial, ethnic, gender, socioeconomic, language, gender identity and sexual orientation groups. Acknowledging the intersecting identities of students with disabilities is critical to addressing their diverse needs so they may experience optimal success.
Though not specific to children, the Americans with Disabilities Act (ADA) was signed into law on July 26, 1990 by President George H. W. Bush. It prohibits discrimination against individuals with disabilities (both physical and mental) in all areas of public life, including jobs, schools, transportation and all public and private places that are open to the public.
Like many other marginalized groups, people with disabilities promote and participate in celebrations and observances of their group members. July’s Disability Pride Month began as a single-day celebration of the passing and signing of the Americans with Disabilities Act in July 1990 and celebrates people with disabilities and their identities, their culture and their contributions to society. Although Disability Pride Month is not recognized as a national observance, many cities throughout the U.S. and the world host parades and other activities in celebration of the event. Other, more specific groups within the disability community observe celebrations throughout the year. Developmental Disabilities Awareness Month (March), Autism Acceptance Month (April), Deaf Awareness Week (May), and ADHD Awareness Month (October) are among many disabilities recognized.
Thank you for providing inclusive spaces and learning experiences for students and staff with disabilities and/or special needs. By doing so, you will be encouraging acceptance, respect and success for these fellow members of our learning and educational communities.
Michael Tapia is a retired principal from Ventura USD.
FYI
Online Resource
Find a guide for highlighting the contributions and experiences of people with disabilities linked with this story at content.acsa.org/special-needs-disabilities-resources-for-educators.