Special Education Law: From PL 94-142 to IDEA

Historical Background and Civil Rights Context

Until 1975, disabled children were segregated in public schools and did not enjoy equal access to the resources, activities, and curriculum offered to children without disabilities. The Civil Rights movement raised awareness about the rights of non-white minorities and women in the educational system; however, it was slower to embrace the constitutional rights of mentally and physically challenged children. The United States Rehabilitation Act was passed in 1973, one of the first significant pieces of legislation to address educational and workplace discrimination against disabled persons. It prohibited discrimination against the disabled in any federally funded institution, including public schools. Although the 1973 Act did not focus specifically on educational issues or the needs of handicapped children, it established the groundwork for Public Law (PL) 94-142: the Education for All Handicapped Children Act of 1975.

Osgood credits the "national soul-searching" that began with Brown v. Board of Education of Topeka — which eliminated institutionalized race-based segregation in public schools — for inspiring support for the 1975 Act. During the 1960s, the Civil Rights movement provided a social foundation hospitable to educational inclusiveness that transcended race to also encompass children with disabilities. Access to education and to the social capital that comes with it was increasingly framed in terms of social justice and status. The disabled, stigmatized and ostracized, were systematically excluded from receiving a public education before 1975. Those who were both poor and disabled suffered the most, as special education services prior to the Act were not federally funded. Research that linked "disability with poverty, cultural deprivation, and minority status substantially altered views on the etiology and diagnosis of disability, especially in the area of mental retardation" (Osgood 1999). Disability was thus increasingly framed as a social justice issue, not merely a healthcare one.

The Education for All Handicapped Children Act of 1975

The Education for All Handicapped Children Act of 1975 directly addressed the needs of children with mental and physical disabilities. The Act expressly outlined core objectives, including the guarantee of a Free and Appropriate Public Education (FAPE) for all children with disabilities between the ages of 5 and 18, extending in many cases to children younger than 5 and up to age 21. All special education services were to be provided at no cost to parents and paid for by federal funds. The Act was especially instrumental in guiding teachers and school administrators, and it fundamentally changed the role and status of disabled children in the classroom.

According to the Act, all children with disabilities are eligible for both regular and special education services depending on individual needs. The Education for All Handicapped Children Act of 1975 established the now commonly used Individualized Education Program (IEP) for disabled children. Administrators and teachers were therefore prohibited from instructing all disabled children as if they constituted a monolithic group. The Act helped eliminate stigma and stereotype in the classroom and demanded more individualized, respectful attention for each child. Furthermore, the IEP was not arbitrary or based on subjective teacher observations. The Act set forth provisions that the IEP be "based on multi-disciplinary assessment and includes a statement of specific special education and related services to be provided to the child" ("Special Education Laws and Legislation").

The Act also required that disabled students learn in a least restrictive environment (LRE) rather than be automatically separated from their peers. Finally, PL 94-142 included a clause regarding the rights of parents. Parents have express rights protected by the Act, including the right to participate in and object to any assessment methods, evaluations, or placement decisions involving their child. Parents are also guaranteed the right to appeal any decisions made by a school board.

The Education for All Handicapped Children Act of 1975 was revolutionary because it was as much about funding allocation as it was about civil rights. The Act did not merely transform school administration procedures and teaching methods; it also had a strong bearing on education budgets. President Ford signed the Act but with several caveats and reservations, noting that "its good intentions could be thwarted by the many unwise provisions it contains" and that "the funding levels proposed in this bill will simply not be possible if Federal expenditures are to be brought under control." Ford also argued that PL 94-142 "contains a vast array of detailed, complex, and costly administrative requirements which would unnecessarily assert Federal control over traditional State and local government functions." The Act was therefore controversial and not without its opponents.

Funding, Controversy, and Amendments

Worth claims that when the Education for All Handicapped Children Act of 1975 was passed, the federal government "offered to pay up to 40% of the costs" of special education but has "averaged less than 10% ever since, and states don't make up the difference." Worth also claims that approximately $35 billion of federal funds is allocated toward special education, but that the funds are poorly managed and infringe on the rights of non-disabled children. Moreover, Worth points out that the Act has been inequitably applied.

Before the Education for All Handicapped Children Act was passed, special education was mainly a private matter. Amendments to the Act have been abundant, reflecting changes in attitudes and service delivery. For example, an amendment in 1986 (P.L. 99-457) included provisions for providing preschool children (ages 3–5) with disabilities a Free and Appropriate Public Education. The 1986 amendment also established an early intervention program (EIP) for infants and toddlers. An early intervention program helps educators craft the best possible IEP and can also help diagnose and treat disabilities that respond well to early intervention. The 1986 amendments additionally allowed for an Individualized Family Service Plan (IFSP) to encourage families to remain involved in their child's progress.

References

Ford, Gerald. (1975). Statement on Signing the Education for All Handicapped Children Act of 1975. Retrieved March 11, 2009, from

Osgood, R. L. (n.d.). The History of Inclusion in the United States. Retrieved March 11, 2009, from

Raschke, D., & Bronson, J. (1999). "Inclusion." Excerpt from "Creative Educators at Work: All Children Including Those with Disabilities Can Play Traditional Classroom Games." Retrieved March 11, 2009, from

"Special Education Laws and Legislation." Retrieved March 11, 2009, from

Woodward, A. Education for All Handicapped Children Act. Encyclopedia of Childhood and Adolescence. Retrieved March 11, 2009, from http://findarticles.com/p/articles/mi_g2602/is_0002/ai_2602000217

Worth, R. (1999). The scandal of special ed. Washington Monthly, 31(6). Retrieved March 11, 2009, from