The Individuals with Disabilities Education Act: The Evolution of Special Education Law

Abstract

In the early 1970s only 20% of children with disabilities were educated in America’s public schools. During these times students with disabilities were denied educational opportunities in two major ways. First, many students were completely excluded from public schools. Congressional fi ndings in 1974 indicated that more than 1.75 million students with disabilities did not receive educational services. In fact, some states had laws that actually excluded certain categories of students with disabilities from receiving a public education (Offi ce of Special Education Programs, 2000). Second, over 3 million students with disabilities who were admitted to school did not receive an education that was appropriate to their needs (Zettel & Ballard, 1982). In the words of Chief Justice Rehnquist, these children were often “left to fend for themselves in classrooms designed for education of their nonhandicapped peers” (Board of Education v. Rowley, p. 191). Because of the limited educational opportunities offered by the public schools, families were often forced to look elsewhere for appropriate services. Often such services could only be found at great distance from their homes and at their own expense. Prior to 1975, therefore, the education of students with disabilities was seen as a privilege, rather than a right (Huefner, 2000). The lack of educational programs and the haphazard nature of services for students with disabilities often led to parents and advocates to seek solutions to these problems through court actions. We begin our review of the history of the IDEA with an examination of court involvement in the education of students with disabilities.

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