the Education of the Handicapped Amendments

of 1986

Public Law 99-457*

• Also referred to as: Part H prior to 1994 IDEA

reauthorization, and Part C post 1994.

Summary

Congress enacted and President Reagan signed into law on October 8, 1986, P.L. 99-457, the Education of the Handicapped Act Amendments. These amendments reauthorize the Education of the Handicapped Act (EHA) and include a rigorous national agenda pertaining to more and better services to young special needs children and their families.

Table of Contents• Background• The Population To Be Served• Who Diagnoses a Disability?• Controversy Over Defining a Disability• Programs• Implementation• Implementation Obstacles• References

Background

• Benefits of early intervention• Addresses gaps in EAHCA of 1975.• Congressional response and goals.• Funding

Research and Benefits of Early Intervention

• The mental, physical and emotional health of the very young child is the foundation for all further development.

• Research, along with programs such as Head Start, have proven that early intervention is effective.

• Research indicates that support and services to disabled children and families will have the following effect:

1) The child’s development will not be as delayed as it would be if left unattended until age 6 or older.

2) The stress for the family of having a handicapped child is lessened and they are able to function more productively.

3) Because of these results, children and families are more able to contribute to their community.

• Because of these results, early intervention can prevent the need for many costly services later in life.

Addressing Gaps in P.L. 94-142

• P.L. 94-12, the Education for All Handicapped Children Act of 1975, created a “right to education” for handicapped children between ages six and eighteen.

• Along with that Act, Congress created the Preschool Incentive Grant, which instead of mandating that states serve children below the ages of six, it provided a money incentive.

• P.L. 99-457 included a new Preschool Grant Program which was a mandate rather than an incentive and provided three times the funding for 3-5 year-olds.

Congressional Response and GoalsP.L. 99-457 states:

“The Congress finds that there is an urgent and substantial need:

1) To enhance the development of handicapped infants and toddlers and to minimize their potential for development delay.

2) To reduce educational costs to our society, including our nation’s schools, by minimizing the need for special education and related services after [they] reach school age.

3) To minimize the likelihood of institutionalization of handicapped individuals and maximize the potential for their independent living in society.

4) To enhance the capacity of families to meet the special needs of their infants and toddlers with handicaps.

Funding

The Population To Be ServedP.L. 99-457 states that “handicapped infants and

toddlers” are individuals from birth to age 2, inclusive, who need early intervention services because they:

a) are experiencing developmental delays, as measured by appropriate diagnostic instruments in one or more of the following areas:

cognitive developmentphysical development

language and speech developmentpsychosocial development

self-help skills

b) Have a diagnosed physical or mental condition which has a high probability of resulting in developmental delay.

Who Diagnoses a Disability?• It is a multidisciplinary

evaluation that will be taken by either a;a) psychiatristb) school psychologistc) other mental health professional

• The evaluation will vary from one situation, school to another and from urban to suburb to rural systems.

Controversy of Defining a Disability

• The science of diagnosing mental and emotional disorders in children under three is at its developing stages.

• “Labeling” young children is often viewed as discriminatory.

P.L. 99-457 Programs• Preschool Grant Program (3-5 year-olds)

• Handicapped Infant and Toddlers Program

• Individualized Family Service Plan(IFSP)*- These plans require that families participate in defining the child's intervention program.* This is the centerpiece of Part C of IDEA.

• Early intervention services may include:-family training -case management services-counseling -medical(diagnostic/evaluative) -home visits -health services-speech pathology -social work services-occupational therapy -vision services-physical therapy -assistive technology devices-psychological services -transportation

Implementation• Public awareness campaign• Federal funding• States determine eligibility definitions and standards for program.

• Mandates participating states to develop statewide interagency programs of early intervention services for infants and toddlers with disabilities and their families.

• Calls for Identifying an agency in each State responsible for implementing P.L 99-457.

Implementation Obstacles

• Fragmentation of services.• Inadequate resources for referral and coordination.

• The lack of common vocabulary among personnel of different disciplines and agencies.

• Delivery inflexibility to accommodate the schedules of working families.

ReferencesSchrag, Emily. Sensitivities, Skills, and Services: Mental Health Roles in

the Implementation of Part H PL 99-457 the Education of the Handicapped Act Amendments of 1986. An Issue Paper. (1988)http://eric.ed.gov/ERICWebPortal/contentdelivery/servlet/ERICServlet?accno=ED300990

Martin, EW., Martin, R., & Terman, DL. The Legislative and Litigation History of Special Education, The Future of Children, (1996) futureofchildren.org

Katsiyannis, Antonis, Yell, Mitchell L., & Bradle, Renee. Reflections on the 25th anniversary of the individuals with Disabilities Education Act. Remedial and Special Education; Nov/Dec 2001; 22, 6; Research Library, pg. 324.

Photo referenceshttp://chrismetcalf.imagekind.comhttp://www.flickr.com/photos/shutterhack/2328014257/sizes/o/http://www.flickr.com/photos/ernstl/290427121/sizes/m/http://www.flickr.com/photos/cdm/72250667/sizes/m/http://www.flickr.com/photos/thomashawk/42972816/sizes/m/

Created by

Rajesh Barnabasrbarnabas@hotmail.com