Since the 1970s, children with cognitive, behavioral, and developmental disabilities have attended and thrived in schools across the United States. This is because of the Individuals with Disabilities Education Act (IDEA) of 1990 (renamed from the Education for All Handicapped Children (EHA) Act, passed in 1975). In short, the goal of IDEA was to provide all children, regardless of disability, equal opportunity in the American education systems.
Four sections comprise the federal legislation, which are later broken into six pillars, to consider. Part A of IDEA covers the general provisions of the legislation, detailing the history and importance of the act, while Parts B, C, and D all deal with more specific elements of what the federal law protects and suggests. IDEA Part B discusses the guidelines for assisting children with disabilities. Part C specifically targets young children, from birth to three years of age, and how to best assist them in their development and educational journey. Part D consists of the various national programs and support services available for those wishing to partake in IDEA's implementation.
To dive a little deeper, the six pillars of IDEA are Individualized Education Programs (IEPs), Free Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), evaluations, procedural safeguards, and parent/instructor preparation.
The most common enactment of this legislation on an individual level is an IEP. An IEP takes into consideration the individual student's disabilities, learning goals, parental guidance, and other factors to help the child succeed from kindergarten through 12th grade. As this bill provides provisions for minor children, it is important to note that once a student turns eighteen, they can no longer receive IDEA benefits and resources.
As such, IEPs are not required at colleges and universities. Many institutions of higher education, however, will provide support for those who need it. Each school will treat disabilities differently. Obviously, colleges are not allowed to discriminate against individuals with disabilities, but colleges can offer different levels of accommodations. These accommodations, to be enacted after a high schooler enrolls at the college or university, when their IEP no longer applies, falls under section 504 of the 1973 Rehabilitation Act, also passed by the federal government. The Rehabilitation Act ensures affirmative action across the employment and education sectors for those with severe disabilities, regardless of whether they were born with disabilities or if they were received later in life through injury, for example.
Section 504 goes beyond just providing provisions for enrollment. The section also includes provisions on what reasonable accommodations colleges and universities can and should offer, like special study areas or digital assistance for the wide spectrum of individuals with disabilities.
Before enrolling, students with disabilities or their trusted guardians should connect with school administrators, counselors, and student success managers to see what types of accommodations can be expected for their student.
Other parts of the IDEA legislation are also common. All public schools in the nation must provide special education programs at the taxpayer's expense and meet the educational requirements of the state or local agency, while also incorporating students with disabilities into classroom environments with non-disabled individuals, thereby allowing for the LRE as well. The various aspects of IDEA coincide with one another.
The IDEA legislation stems from the 1954 Supreme Court case of Brown v. Board of Education of Topeka, which desegregated schools nationally during the Civil Rights movement and partially overturned the Plessy v. Ferguson decision from 1896. In the wake of this unanimous decision by Earl Warren's Supreme Court, legislators discussed the possibilities of increasing the inclusivity of schools by incorporating resources for the neurodivergent. This push for inclusivity also came from President Lyndon B. Johnson's continuous funding in the 1960s of students determined to be “at-risk” in schools and society at large.
It is also worth noting that many schools, particularly in the past ten to fifteen years, have created specialized programs for students with cognitive or developmental disabilities to succeed in higher education. In fact, there are even universities and colleges solely dedicated to serving this portion of the population, like Shepherds College in Union Grove, Wisconsin or Beacon College in Evanston, Illinois.
While navigating college is already difficult for the most well-adjusted of us, students with disabilities face even greater challenges. However, you are not alone. There are many students facing the same trials as you, and there are numerous resources you can take advantage of while school shopping and then finally attending the institution of higher education of your choice.
