Understanding Autism and Special Education Laws for Teachers

According to data from the National Center for Education Statistics (NCES), there are about seven million students aged 3 to 21 receiving special education services in the U.S.—14 percent of all public school students. Special education students have distinct needs and rely on a teaching environment tailored to them. With that in mind, our nation’s schools have evolved over the years to refine their approaches to educating special needs students.

One notable change has been the shift toward a more inclusive classroom structure that allows such students to learn in the general education environment alongside their peers. This means it isn’t just special education teachers who need to be well-versed in the laws and regulations that impact students with special needs—all teachers should have a solid understanding of special education as well as its laws and policies.

Understanding the Levels of Autism Education

Understanding the different stages of autism education is crucial for providing the best support and opportunities for individuals with autism and the necessity of specialized laws revolving around autism education. From early childhood through adulthood, each stage requires tailored approaches to ensure successful development and integration into society.

Early Childhood Education

Many early childhood educators and parents recognize that the first three years of life are crucial to a child’s development. Although the average age of diagnosis is between 3 and 6 years old, the American Academy of Pediatrics recommends that check-ups between 18 and 24 months should include developmental screening for autism spectrum disorders (ADS) for all children. Early detection can translate to early intervention, which can make a huge difference for children both behaviorally and functionally for their future well-being. The Autism Society identifies various approaches to early intervention including:

• Intensity: The accepted range of direct service for young children with ASD is 20-24 hours per week. Focus and frequency are both involved with this process as young children with the condition should practice adaptive skills and engage in reinforcement activities.
• Specialization: This approach uses techniques that have been proven effective through evidence-based methodologies, with Applied Behavior Analysis (ABA) being the most widely accepted for children with ASD. Selecting a therapist who understands the deep complexities of the condition is important as ABA is based on systematic, planned teaching strategies that focus on determining why behavior changes.
• Individualization: This method technically removes the traditional curriculum for young children with ASD and designs treatment around personalized assessments and goal selection. Its success heavily relies upon the support of family members and their home environment.

K-12 Schooling

The primary force driving fair learning opportunities to all is the Individuals with Disabilities Education Act (IDEA), which guarantees free and appropriate education that is based on a child's age, ability, and developmental level. The legislature has many principles including the Individualized Education Program (IEP), a Least Restrictive Environment (LRE), parent and student participation in decision-making, and procedural safeguards.

These federal laws overall support the claims of most professionals that school-age children with autism respond well to highly structured, specialized education programs. Educational planning often addresses a wide range of skill development including academics, communication, social skills, self-help abilities, behavioral issues, and sensory integration.

Key Special Education Laws

Familiarizing yourself more with these laws can help you gain a better understanding of how special education has progressed over time.

1. The Education for All Handicapped Children Act (EHA)

Originally passed in 1975, the Education for All Handicapped Children Act (EHA) — frequently referred to as Public Law 94-142—requires that all public schools accepting federal funds provide equal access to education for children with physical and/or mental disabilities. This law paved the way for special education as we know it today. Before 1975, only a few small districts provided education for students with disabilities in the U.S. To receive federal funding for special education today, states must comply with the law.

The EHA made it mandatory for public schools to evaluate children with disabilities and create individualized educational plans that emulate the educational experiences of non-disabled students while accommodating their unique needs. The EHA was enacted to meet four key goals:

• To ensure that special education services are available to children who need them.
• To guarantee that decisions about services to students with disabilities are fair and appropriate.
• To establish specific management and auditing requirements for special education.
• To provide federal funds to help states educate students with disabilities.

2. The Individuals with Disabilities Education Act (IDEA)

What was known as the EHA eventually became the Individuals with Disabilities Education Act (IDEA) in 1990. The following six pillars are what IDEA ensures:

1. Public schools are required to create an IEP for each student who is found to be eligible for special education services. IEPs must be designed to meet the unique educational needs of that child in the least restrictive environment appropriate.
2. To the maximum extent appropriate, IDEA ensures that all students are allowed to learn in the Least Restrictive Environment (LRE)—an inclusive classroom environment in which a special needs student can achieve the most academic success.
3. Free Appropriate Public Education (FAPE) is an educational right that ensures education and related services are designed to meet handicapped persons’ individual needs as adequately as the needs of non-handicapped persons.
4. IDEA includes a set of procedural safeguards designed to protect the rights of children with disabilities and their families, and to ensure that all special-needs students receive a FAPE. The safeguards include the opportunity for parents to review their child’s full educational records, the right of parents to request an independent educational evaluation, and more.
5. IDEA ensures the use of appropriate evaluation processes. This minimizes the number of misidentifications, provides a variety of assessment tools and strategies, prohibits the use of any single evaluation as the sole criterion, and protects evaluation measures that are racially or culturally discriminatory.
6. Cross-collaboration is key for a student to receive the education necessary for success. IDEA enables parents, teachers, school psychologists, and other relevant parties to work in tandem when developing IEPs, determining the proper LRE, and discussing other important considerations for each student.

3. The Assistive Technology Act

Originally instated in 1998, the Assistive Technology Act was reauthorized in 2004. It provides assistive technology to persons with disabilities so they can more fully participate in education, employment, and daily activities on level playing fields with other people in their communities. Under the law, each U.S. state receives a grant to fund Assistive Technology Act Programs (ATAP) that provide services to persons with disabilities for their entire lives. The 56 ATAPs created under the law provide a place where users can go for product demonstrations, low-cost loans for their purchases, and information on these products.

The Assistive Technology Act of 2004 set forth a core set of program services to increase consistency across the country. As a result, at least 60 percent of the funds each state’s assistive technology program receives must support the following:

• State financing activities
• Device reutilization programs
• Device loan programs
• Device demonstration programs

4. The Handicapped Children’s Protection Act (HCPA)

While the EHA mandated that all public schools receiving financial support from the federal government provide special-needs students with non-discriminatory access to all educational programs, the Handicapped Children’s Protection Act (HCPA) of 1986 was created to instate provisions not covered by the EHA. For example, the EHA does not directly address legal cost relief available for parents who prevail in lawsuits based on violations of EHA provisions.

The HCPA came to be after the United States Supreme Court’s ruling in the 1984 case Smith v. Robinson. It was found that existing enforcement mechanisms of disability rights did not cover how, when, and/or where legal costs are to be resolved. The HCPA amended the EHA to authorize the award of reasonable attorneys’ fees, expenses, and costs to the parents or guardians of a handicapped child or youth who is the prevailing party in a civil suit to protect the child’s right to FAPE.

Explore Our Special Education Programs at UMass Global

As you review some of the core special education laws that have shaped how we accommodate special needs students, you may find yourself eager to get involved. Whether you already have some classroom experience under your belt or you’re just starting, you may be now trying to decide if you have what it takes to be a special education teacher. If so, there’s no better time to explore the field — our nation’s teacher shortage has hit special education particularly hard. From added authorizations to master's degrees in special education, explore what our School of Education has to offer those with a passion for helping others along their paths to lifelong learning.