Education

What is IDEA?

The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part C. Children and youth (ages 3-21) receive special education and related services under IDEA Part B.

History of IDEA Legislation

• Individuals with Disabilities Education Improvement Act of 2004 (P.L. 108-446)
  • Amendment to IDEA.
  • Enacted December 3, 2004.
• Individuals with Disabilities Education Act Amendments of 1997 (P.L. 105-17)
  • Reauthorization of IDEA.
  • Enacted June 4, 1997.
• Individuals with Disabilities Education Act (IDEA) (P.L. 101-476)
  • Amended the Education for All Handicapped Act (EHA), renaming it the Individuals with Disabilities Education Act (IDEA).
  • Enacted October 30, 1990.
• Education for All Handicapped Act (EHA) (P.L. 94-142)
  • Direct predecessor to Individuals with Disabilities Education Act (IDEA).
  • Enacted November 30, 1975

What is HEA?

The Higher Education Act oversees the majority of federal higher education programs. It authorizes federally funded resources for colleges and universities, including financial assistance, protections for students, and special programs intended to support students in postsecondary and higher education.

History of HEA Legislation

• Higher Education Opportunity Act (HEOA) (P.L. 110-315)
  • Amends and reauthorizes the Higher Education Act to its most recent version.
  • Enacted August 14, 2008. This is the current version of the law.
• Higher Education Amendments of 1998 (P.L. 105-244)
  • Enacted October 7, 1998.
• Higher Education Amendments of 1992 (P.L. 102-325)
  • Enacted July 23, 1992.
• Higher Education Amendments of 1986 (P.L. 99-498)
  • Enacted October 17, 1986.
• Education Amendments of 1980 (P.L. 96-374)
  • Enacted October 3, 1980.
• Education Amendments of 1976 (P.L. 94-482)
  • Enacted October 12, 1976.
• Education Amendments of 1972 (P.L. 92-318)
  • Enacted June 23, 1972.
• Higher Education Amendments of 1968 (P.L 90-575)
  • Enacted October 16, 1968.
• Higher Education Act of 1965 (P.L. 89-329)
  • Enacted November 8, 1965

Current AUCD Resources

• Addressing the Policy Tangle: Students with Intellectual Disability and the Path to Postsecondary Education, Employment and Community Living
• Postsecondary Education for Students with Intellectual Disabilities
• State Policy Actions Supporting Higher Education for Students with Intellectual and Developmental Disabilities
  • In Partnership with Think College. Explore their resource library.

HEA Reauthorization for 116th Congress

The most recent version of the Higher Education Act, HEOA, allows students with intellectual disabilities to access grants, work study jobs and financial assistance, although not student loans, if they meet the definition of “intellectual disability” and are enrolled in a Comprehensive Transition and Postsecondary Program Students with Intellectual Disabilities (CTP). HEOA also authorized Transition and Postsecondary Programs for Students with Intellectual Disability (TPSIDs) to develop high-quality postsecondary programs at higher education institutions. need reauthorization to continue.

HEA Reauthorization Resources & Recommendations

• Inclusive Higher Education Committee Membership
• IHEC Recommendations

What is ESSA?

The Elementary and Secondary Education Act (ESEA) emphasizes equal access to education, establishes high standards and accountability, and requires the inclusion of all students with disabilities in the student achievement system. The law authorizes federal funds for primary and secondary education, including funding for some programs that are administered by the states.

History of ESSA

• Every Student Succeeds Act (P.L. 114-95)
  • Replaced No Child Left Behind (NCLB) and addresses K-12 public education policy.
  • Enacted December 10, 2015.
• No Child Left Behind Act of 2001 (P.L. 107-95)
  • Amended and reauthorized ESEA.
  • Enacted January 8, 2002.
• Improving America’s Schools Act of 1994 (P.L. 103-382)
  • Amended and reauthorized ESEA.
  • Enacted October 20, 1994.
• Equal Educational Opportunities Act of 1974 (P.L. 93-380)
  • Amended ESEA to clarify that no U.S. state can deny equal educational opportunity to anyone on the basis of gender, race, color or nationality through intentional segregation.
  • Enacted in 1974.
• Bilingual Education Act (P.L. 90-247)
  • Amended ESEA to include provisions addressing education needs of elementary and secondary students not fluent in English.
  • Enacted in 1968.
• Elementary and Secondary Education Act of 1965 (P.L. 89-10)
  • The original version of ESEA passed into law. This legislation addresses primary and secondary education comprehensively.
  • Enacted April 11, 1965.

Keep Our PACT Act

The Keep Our Pact Act (H.R.764, S.72) would require full funding of the Individuals with Disabilities in Education Act and Part A of Title I of the Elementary and Secondary Education Act of 1965.

• Full text.

Keeping All Students Safe Act (KASSA)

*Not yet reintroduced* The Keeping All Students Safe Act will provide resources and system supports to prevent the harmful use of restraint and seclusion and ensure equal protection of all students. The legislation would also guarantee that school faculty and staff are held to firm standards for managing students’ discipline safely and use proven positive behavior supports rather than seclusion or physical restraint.

• Keeping All Students Safe Act (KASSA) Fact Sheet.