Special Education Law - Overview

Many of us, who went to school not that long ago,in 1990 as the Individuals with Disabilities Education
remember that being a special needs student meantAct (IDEA), the most comprehensive changes came
riding to school in a separate bus and attending onein 1997. This law required schools to identify children
class with other children of varying disabilities. Thesewith disabilities to make sure that all children have
classes resembled more of a day care than school,available a "free appropriate public education and
and even the most advanced students had little hoperelated services designed to meet their unique needs
of receiving a high school diploma, let alone attendand prepare them for employment and independent
college. Since that time, the term disability, and specialliving" 20 U.S.C. § 1401 (d). Unfortunately, the
needs student, has expanded to encompass muchmost recent changes in 2004 made the law slightly
more than a person with an IQ below a certainmore difficult to receive the benefits they deserve,
arbitrary standard. What I have attempted to do inwhich, depending upon the next administration and
my first article is to give a little history of thethe make up of Congress may or may not be a
evolution of the Individuals with Disabilities Educationtrend that will be followed in the future.
Act.Exactly what is a "free appropriate public education"?
In 1954 the United States Supreme Court decidedUnder the law, it is defined as "special education and
Brown v. Board of Education, 347 U.S. 483 (1954)related services that (A) have been provided at
which found that segregated schools were a violationpublic expense, under public supervision and direction,
of equal protection rights. It would be anotherand without charge: (B) meet the standards of the
twenty years before this concept was applied toState educational agency; (C) include an appropriate
children with handicaps, especially learning disabilities,preschool, elementary or secondary school education
trying to receive an education. In fact, shortly afterin the State involved; and (D) are provided in
Brown was decided the Illinois Supreme Court foundconformity with the individualized education program
that compulsory education did not apply to mentallyrequired under [the law]." In other words, the school
impaired students, and as late as 1969, it was a crimemust provide services that meet the needs of a child
to try to enroll a handicapped child in a public school ifwith a disability that may affect their ability to learn.
that child had ever been excluded.These "related services" can be services that are
Due to court challenges in Pennsylvania and theprovided in the classroom, such as giving the child
District of Columbia in the early 1970's things startedextra time to finish taking tests. They can also
to change. In 1975 Congress enacted the Educationencompass services that can be provided outside of
for All Handicapped Children Act of 1975. This wasthe classroom, such as tutoring, or having the child
the first law that mandated that all handicappedattend either a day or residential program outside of
students had a right to an education. Not only did itthe school, along with transportation.
mandate that all handicapped students had a right toFor the historical data, I relied on Wrightslaw: Special
an education, it also mandated that local educationalEducation Law by Peter W. D. Wright and Pamela
agencies could be held accountable for not doing so.Darr Wright and Special Education Law in
Shortly thereafter, the term handicapped wasMassachusetts by Massachusetts Continuing Legal
replaced with "child with a disability". Although revisedEducation.