Abstract
A global human rights and social justice agenda has influenced governments to recognize their responsibility to achieve a system of inclusive education for students with disabilities. Inclusive education in the United States is defined by the premise that all eligible students be provided with a free appropriate public education, as outlined by the Individuals with Disabilities Education Act. In Ireland, though now in a period of review, the Education of Persons with Special Educational Needs Act is considered a coherent framework for inclusive education for students with special educational needs. Internationally, universal design for learning is recognized as an approach that supports the development of inclusivity in schools. This chapter outlines the national policies governing special education in American and Irish schools. Using a UDL lens, this chapter provides a synthesis of key principles of the IDEA and EPSEN; highlights alignments between these acts and the principles of UDL; and compares the policies to provide a critical analysis within an international context.
TopIntroduction
The purpose of this chapter is to examine two national policies that were enacted in 2004: The Individuals with Disabilities Education Act (IDEA) in the United States and The Education for Persons with Special Educational Needs Act (EPSEN) in Ireland. A detailed description of the key principles of each policy will be outlined, accompanied by an analysis of each through the lens of Universal Design for Learning (UDL). These comparisons and analysis will support the justification of UDL as a vehicle for enhancing inclusive education for all children, including those with disabilities. This cross-national comparison is designed to advance scholarly and policy-oriented advocacy discussions related to the reauthorization of both acts and emphasize the ways that these countries can learn from one another’s legislation. Finally, the relationship of these acts in the United States and Ireland will be more broadly situated within an international agenda for inclusive education as a means of promoting greater equity for students with disabilities (SWDs) across the world.
Key Terms in this Chapter
National Council for Special Education (NCSE): An independent statutory body established under the Education for Persons with Special Education Needs Act. The primary aim of NCSE is to improve the delivery of education services to persons with special educational needs arising from disabilities with particular emphasis on children.
Education for Persons with Special Education Needs Act (EPSEN): Act providing for the education of children with special educational needs aged under 18 years of age in Ireland.
Least Restrictive Environment (LRE): The principle of the Individuals with Disabilities Education Act that indicates that children with disabilities, to the maximum extent appropriate, should be educated with children who are not disabled. Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment should occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
Individualized Education Program (IEP): A written statement for each child with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act.
Individuals with Disabilities Education Act (IDEA): A federal United States law that makes a free appropriate public education available to all eligible children with disabilities throughout the nation and ensures special education and related services are provided to those children. The IDEA governs how states and public agencies provide early intervention, special education, and related services to eligible infants, toddlers, children, and youth with disabilities in the United States.
Free Appropriate Public Education (FAPE): The principle of the Individuals with Disabilities Education Act that indicates (a) educational entities must provide eligible children with disabilities with services at public expense; (b) each child with a disability is entitled to an education, including special education and related services that meet his or her unique, individualized needs; (c) a child with a disability has a right to access services in the public school system as outlined by the zero reject principle; and (d) eligible children with disabilities receive a public education that includes special education and related services as directed by the child’s Individualized Education Program and access to general education.
Specially Designed Instruction: Adapting, as appropriate to the needs of an eligible child the content, methodology or delivery of instruction to address the unique needs that result from the child’s disability and to ensure access to the general curriculum.
Individualized Education Plan (IEP): A written document, as outlined by the Education for Persons with Special Education Needs Act, prepared for a named student which specifies the learning goals that are to be achieved by the student over a set period as well as the teaching strategies, resources and supports necessary to achieve those goals.
Universal Design for Learning (UDL): A pedagogical approach to inclusive education informed by research in the neurosciences. UDL offers multiple means of educational access, participation, and engagement by reducing barriers in the learning environment.