Special education laws had a fundamental impact on bilingual special education. The 1975 Disability Education Act (IDEA), which was originally issued in 1975 and is re-licensed in 2004, governs special education services in public schools. The law protects the rights of disabled learners and their families and tries to ensure that ELLs are judged fairly. The law contains a number of provisions listed below.
first Acknowledged consent: Schools must obtain written consent from parents or carers to evaluate students. Parents should be fully informed of their rights, releases and the nature and purpose of the assessment. Parents or carers should be informed in their mother tongue or their primary means of communication.
2nd Multidisciplinary Team: Students must be evaluated by a team of professionals who have different areas of expertise according to the individual needs of students. The team must include at least one general instructor and one special instructor. For English learners, the team must have a professional who has expertise in the language acquisition process.
3rd Comprehensive assessment: Before the first placement, the multidisciplinary team must conduct a full assessment of all suspected suspicions. No method can be used as a single criterion for determining the child's appropriate educational program. Alternative procedures should be used if they do not consider standardized tests to be appropriate (eg, culturally and linguistically diverse students). The overall assessment should include an analysis of the educational setting and the child's educational history.
4th Negative Criteria: Students should not be labeled when the academic struggles are primarily the result of environmental, cultural or economic disadvantages. IDEA 2004 adds that the child should not have a disability if the determining factor is a bad reading or math command or a limited English language proficiency.
5th Non-discriminatory assessment: Evaluations (a) should be chosen and handled in such a way as to avoid any discrimination on grounds of race or culture; (b) Provided and provided by the child in the mother tongue or other forms of communication and in the form most likely to provide accurate information on whether the child is able and able to deal scientifically, develop- mentally and functionally, unless it is obvious not feasible; (c) used for purposes for which the evaluations are valid and reliable; d) trained and trained staff; and (e) be handed over in accordance with the instructions given by the evaluating manufacturer.