History of Special Education in the U.S.

Elementary and Secondary Education Act of 1965 (ESEA)

1965

Due, in part, to the landmark Brown V. Board of Education (1954) decision, Congress enacted the ESEA of 1965 to "address the inequality of educational opportunity for underprivileged children". The Act was amended in 1966 to include "the initiation, expansion, and improvement of programs and projects. . .for the education of handicapped children" and a grant program was established to aid states in developing educational programs for these students. (Wrightlaw.com)

Lloyd Dunn's article, 'Special Education for the Mildly Retarded: Is it Justifiable?', is published.

1968

Lloyd Dunn, educator, scholar, and founder of the Kennedy Center (vkc.vumc.org/vkc/about/history/LloydDunn/), shines a bright light on the overrepresentation of students "who come from poverty, broken and inadequate homes, and low-status ethnic groups. . .in self contained special schools and classes". He emphasized and provided evidence for the advantages of mainstreaming these students in the regular classroom environment. (Dunn, 1968)

Education of the Handicapped Act

1970

Congress replaces ESEA with the Education of the Handicapped Act (1970). Grant monies remained available to states to encourage "the development of educational programs (and resources) for individuals with disabilities". However, neither this Act nor its predecessor (ESEA), were able to provide evidence of an improved education for students with disabilities. (Wrightslaw.com)

Rehabilitation Act of 1973

1973

In 1973, the Rehabilitation Act becomes law. The law "protects qualified individuals from discrimination based on their disability". (U.S. Dept. of Health & Human Services, Office for Civil Rights Fact Sheet, revised 2006) Section 504 of the Act "ensures children have equal access to an education" in a public school and that modifications and/or accommodations are provided. Students are not required to have an IEP to qualify. (Wrightslaw.com)

Education for All Handicapped Children Act (EHA)

1975

In 1975, Public Law 94-142 (or EHA) was enacted by Congress. Before this time, many states excluded children who were "deaf, blind, emotionally disturbed, or had an intellectual disability" from any educational or services opportunities in the public school system. The law also introduced the Individualized Education Program (IEP). (sites.ed.gov/idea)

Reauthorization of EHA

1986

In 1986, the Education for All Handicapped Children Act was reauthorized. In this reauthorization, early intervention becomes mandated and requires states to "provide services to families of children born with disabilities from the time they are born". (sites.ed.gov/idea)

Individuals with Disabilities Education Act

1990

In 1990, the Education for all Handicapped Children Act was renamed 'Individuals with Disabilities Education Act (IDEA)". In this reauthorization, the categories of autism and traumatic brain injury were added to the list of qualifying disabilities. Another significant change during this year required that as part of a student's IEP, "an Individual Transition Plan (ITP) must be developed to help the student transition to post-secondary life". (sites.ed.gov/idea)

1997 Reauthorization of Individuals with Disabilities Education Act (IDEA)

1997

A number of changes came with the 1997 reauthorization of IDEA. Changes included: 1. Improving results not only for children with disabilities, but for their families as well; 2. Access to general curriculum; 3. Expanding the definition of "developmental delay" up to age nine; and, 4. Required parents be provided with the opportunity to resolve disputes. . .through mediation. (sites.ed.gov/idea)

No Child Left Behind Act (NCLB)

2001

Signed into law by President George W. Bush, the NCLB Act aimed to "increase federal role in holding schools responsible for the academic progress of all students" with a "focus on ensuring that states and schools boost the performance of certain groups of students, such as English-language learners, students in special education, and poor and minority children, whose achievement, on average, trails their peers". (www.edweek.org/policy-politics/no-child-left-behind-an-overview/2015/04

IDEA 2004

2004

Perhaps the most notable changes to IDEA since its 1975 inception is the reauthorization that occurred in 2004. In summary, this reauthorization guarantees children with disabilities to four basic rights: 1. Free appropriate education; 2. Lease restrictive environment; 3. Supplementary aids and services; and, 4. Assessment. Other protections include IEP and due process. (www.understandingspecialeducation.com/IEP-law.html)