2 The History of Special Education

It is important to have a historical knowledge of public education in the United States to understand the evolution of special education, especially since the federal law for special education was passed in 1975, while education existed in the United States since the late 1700s. There are philosophical and social foundational underpinnings that contribute to the creation of a special education law. The resources below provide opportunities to consider and discuss these underpinnings.

videos

The 9 minute video, Celebrating 45 Years of IDEA,  provides a brief historical overview of special education .

A series of 6 vimeos titled, School: The Story of American Public Education, by Brian Schoonover discuss the development of American Education from 1770-1950. This series provides an understanding of the historical, philosophical, and sociological foundations underlying the role, development, and organization of public education in the United States. As the videos are viewed, be alert for any discussion of students with disabilities. These vimeos are each 10 minutes in length and were produced by Films for the Humanities and Science. Use The Story of American Public Education Discussion Questions [PDF] to facilitate discussion as the vimeos are watched.

School: The Story of American Public Education (Part 1 of 6)

School: The Story of American Public Education (Part 2 of 6)

School: The Story of American Public Education (Part 3 of 6)

School: The Story of American Public Education (Part 4 of 6)

School: The Story of American Public Education (Part 5 of 6)

School: The Story of American Public Education (Part 6 of 6)

resources

Prior to the passage of Public Law 94-142 The Education of All Handicapped Children Act (EHA)^[1][PDF] in 1975, many individuals with disabilities were barred from public schools, and were cared for through state institutions but were not educated. In the 1950s, attention was given to individuals with disabilities, primarily due to strong advocacy of family-based associations.  Changes began to occur through  governmental legislation and litigation. A few seminal court cases that ultimately contributed to the federal special education law (EHA) included:

• Brown vs. Board of Education in 1954 that ruled separate schools were not equal
• Pennsylvania Association for Retarded Citizens (PARC) vs. Commonwealth of Pennsylvania In 1971, PARC (currently referred to as the ARC of Pennsylvania), initiated a lawsuit with the Commonwealth of Pennsylvania. PARC, a non-profit organization, represented 13 families of individuals with intellectual disabilities (ID). At the time, Pennsylvania had the authority to deny a free education to individuals with intellectual disabilities. The case was settled in 1972 by the United States District Court for the Eastern District of Pennsylvania. As a result, Pennsylvania consented to provide a free public education for individuals with mental retardation (now referred to as intellectual disabilities). This was the first major legislation to provide equality to individuals with disabilities.
• Mills vs. Board of Education of the District of Columbia This was a civil action suit in 1972 on behalf of seven school-aged individuals who were excluded from DC Public Schools and labeled as behavior problems, mentally retarded, or emotionally disturbed. The ruling was that individuals with disabilities could not be denied a free public education due to lack of funding.

There was also federal legislation beginning in 1959 that led a focus on supporting and educating individuals with disabilities and ensuring there was trained personnel to do so. A History of the Individuals with Disabilities Education Act created by the U.S. Department of Education provides a brief summary of legislation and litigation that supports individuals with disabilities. Additional legislation and litigation are identified in the subsequent chapters related to specific special education law principles.

Forty-five years of the Individuals with Disabilities Education Act was celebrated in 2020 and several resources were created that included:

• Fast Facts of IDEA
• Stories from advocates, professionals, and families
• Trivia

In the United States, laws can be reauthorized that includes a process of updating the law. The EHA was reauthorized or amended multiple times. The list below identifies a few key updates to the law:

• In 1986, Public Law 99-457 [PDF] reauthorized EHA to expand the age range of individuals with disabilities who could receive special education services if found eligible. The age range now included birth to three year old children with services to the family. This is when Early Intervention and the use of IFSP was mandated.
• In 1990, Public Law 102-119 reauthorized EHA and added two categories of disabilities: traumatic brain injury and autism; and required development of a transition plan to support individuals with disabilities transition from school upon graduation or aging-out of special education services at age 21. Since this was also the year the Americans with Disabilities Act was passed, the title of the law was changed to use person-first language and is now known as the Individuals with Disabilities Education Act (IDEA).
• In 1997, Public Law 105-17 [PDF] amended the EHA to focus on
  • improved outcomes for individuals with disabilities,
  • access to the general curriculum as appropriate and determined by the IEP team,
  • use of the “developmental delay” label for children through age 9 years,
  • specific language around discipline and not denying special education services,
  • transition planning for families of toddlers with disabilities who are about to enter preschool, and
  • mediation as a process to resolves disputes between families and schools rather than automatically engaging in a due process hearing.
• In 2004, Public Law 108-445 [PDF] reauthorized the EHA and focused on greater accountability and improved outcomes to better align with the No Child Left Behind Act (NCLB), and raised standards for those teaching individuals with disabilities.

It is important to note two civil rights legislation that also support individuals with disabilities. The Rehabilitation Act of 1973, Section 504 and the Americans with Disabilities Act of 1990 (ADA) both protect the rights of individuals with disabilities. Section 504 prevented discrimination against individuals with disabilities in any programs that received federal funds, and ADA extended that protection from discrimination including state and local government programs, services, and public schools regardless if they received federal funds.

activities

Use this History of Special Education Activity Worksheet with answers [DOC] as a group activity, homework, or discussion/review tool.