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Today, children with disabilities routinely attend the same public
schools as children without disabilities. But this was not always the
case.
Prior to legislation requiring public education for children with
cognitive or emotional disabilities, deafness, blindness or the need for
speech therapy, among others, parents had few options other than to
educate their children at home or pay for expensive private education.
The story of Special Education
begins in the early part of the 20th Century. Parents formed advocacy
groups to help bring the educational needs of children with disabilities
to the public eye. These groups gained momentum mid-century. In 1961,
President John F. Kennedy created the President’s Panel on Mental
Retardation. The panel’s recommendations included federal aid to states.
In 1965, Lyndon B. Johnson signed the Elementary and Secondary
Education Act, which provided funding for primary education, and is seen
by advocacy groups as expanding access to public education for children
with disabilities.
Despite these two important events, by the
1970’s, only a relatively small number of children with disabilities
were being educated in public schools. Both enacted in 1975, two federal
laws would change this: The Education for All Handicapped Children Act (EHA) and the Individuals with Disabilities Act (IDEA).
The EHA establishes a right to public education for all children
regardless of disability, while the IDEA requires schools provide
individualized or special education for children with qualifying disabilities.
Under the IDEA, states who accept public funds for education must
provide special education to qualifying children with disabilities.
The
IDEA sets forth specific guidelines regarding Free Appropriate Public
Education. Among these is the idea that education must be tailored to
meet the needs of the individual child with a disability. This education
must be of benefit to the child and should prepare the child for
further education (i.e., college) or to live and work independently. The
IDEA also requires that education occur in the least restrictive
environment and requires schools to take a child’s disability into
account when enforcing discipline.
Although not all children with disabilities are covered by the IDEA and EHA,
these two acts have been instrumental in ensuring a free public
education to millions of children with disabilities each year since
passage. Prior to these acts, parents of children with disabilities had
few choices as to the education of their children. Today, these children
receive their education along side children who do not have
disabilities.
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