Don’t take it for granted.

 

It’s been 50 years since the US Congress decided that every child, including those with disabilities, were entitled to a free and appropriate education.   When President Gerald Ford signed the bill into law, he made a point of saying he was signing the bill because of the political pressure but he was sure, the goal of the bill would never happen.

Here we are fifty years later, and the goal of the law has happened.   In fact, the original Education of all Handicapped Children Act (EHA) has been amended several times to expand the entitled services and the name has morphed into Individuals with Disabilities Education Act (IDEA).

Besides the instructional program, children with disabilities are supposed to be provided occupational and physical therapy, speech therapy, family counseling, transition services to assist in the move to jobs or college.   Transportation to the services the child needs is also guaranteed.  In fact, a school district can say it doesn’t have enough teachers for art or even science so the students won’t get those services.   But if the child has a disability, he or she is in a special protected class and must receive those services regardless of the financial condition of the school district.

Does all that happen as required by law.   Absolutely not!   School systems don’t have enough OT’s so kids don’t get OT.   They don’t have enough speech therapists so ditto on speech.   The law requires the service if the student needs it.  So the work around is, the school systems just says the child doesn’t need the service and if the child doesn’t need the service there can be no consequence to the school system not providing the service.

Law for children with disabilities has morphed into a whole new class of legal expertise.   Families that can, spend a great deal of money hiring advocates and special lawyers to get their children what the law has required for half a century.

If children aren’t getting services when the law requires it, think what might happen if the laws were changed.  Be vigilant, don’t take what you have for granted.  Someone may be waiting to take it away.