Running Head: IDEA HISTORY AND THE LAW 1

IDEA History and the Law

Cheyenne (Donna Kolody)
EDCI 528 Foundation Concepts for Inclusive Teaching
Concordia University












IDEA HISTORY AND THE LAW 2
Prior to the mid-eighteenth century, individual deviations were rarely tolerated and little
was done for those who in some way disrupted the norms of a society (Winzer, 2006, p. 3).
Individuals, including children, were often institutionalized, categorized as idiots and deprived of
their basic rights, regardless of the degree, or type, of disability.
Although Special Education was established formally and permanently in the United
States in 1818, it was essentially a dual system, quite separate from the general stream
(Winzer, 2006, p. 11). By the early 1900s, programs for sensory impaired and mentally
retarded students were available (University of Michigan, n.d.); although, few schools
accommodated students with disabilities. In addition, most students with disabilities went to
school in separate facilities. Most students with mild disabilities were not identified, or called
"slow learners" and did not receive special education services (University of Michigan, n.d.).
The 1960s ushered in reforms, including the modern rewriting of the special education
script in addition, there was an upsurge of funding federally and by the states in the 1960s,
as well as critical initiatives such as the Presidents Panel on Mental Retardation (Winzer, 2006,
p. 10). According to Winzer (2006), The 1954 Brown vs Board of Education decisions was
widely cited as persons with disabilities called for increased education integration (p. 10). In
1965, Congress added Title VI to the Elementary and Secondary Education Act of 1965,
creating a Bureau of Education for the Handicapped (Peterson, 2007); however, educating
students with disabilities is still not mandated by law.
In the early 1970s, the courts took the position that children with disabilities have an
equal right to access education as their non-disabled peers (Peterson, 2007); despite there being
no existing law to mandate this, some students begin going to school. Congress passed the
Education for All Handicapped Children Act, later renamed as the Individuals with Disabilities
IDEA HISTORY AND THE LAW 3
Education Act (IDEA), in 1975. It required public schools to provide students with disabilities
four main services:
1. To ensure that all children with disabilities have available to them a free
appropriate public education that emphasizes special education and related
services designed to meet their particular needs.
2. To ensure that the rights of children with disabilities and their parents or guardians
are protected.
3. To assist States and localities to provide for the education of all children with
disabilities.
4. To assess and ensure the effectiveness of efforts to educate children with
disabilities. (US Department of Education) ("Special Education History", n.d.)

In 1977 final federal regulations, which provided a set of rules for school districts were released,
in 1986, the EAHCA (now the IDEA) is amended, making it clear that both students and parents
have rights.
The 1990s brought further changes to Special Education; the EAHCA was amended and
renamed. The amendment introduced many changes, the largest of which was transition services.
School districts are now required to look at outcomes and assisting students with disabilities in
transitioning from high school to postsecondary life (Peterson, 2007). IDEA was reauthorized in
1997, with an amendment that included students with disabilities in state and district assessments
and the requirement that regular education teachers attend the IEP as a team member.
NCLB, the No Child Left Behind act, was enacted in 2001; this act requires all students,
including students with disabilities, to be proficient in math and reading by the year 2014
(Peterson, 2007). The IDEA was again reauthorized in 2004; calling for more accountability at
both state and local levels, as well as requiring intervention for at risk students.
Early special education attempts isolated students with disabilities from students without
disabilities; often these students attended the same schools, but were educated in separate
IDEA HISTORY AND THE LAW 4
classrooms. IDEA opened new doors; providing students with disabilities with the legal right to
an education; amendments to IDEA ensure adequate instruction, individualized plans and
intervention for special education students. One of the most important messages educators
should take from special education reforms is that physical inclusion into a school is not as
effective as social inclusion into a classroom.
The six principles of IDEA changed the way classes look in the 21
st
century; students
with disabilities learn alongside their peers. Least Restrictive Environment (LRE) mandates all
that students with disabilities be educated with children without disabilities to the maximum
extent appropriate and that students with disabilities be removed to separate classes or schools
only when the nature or severity of their disabilities is such that they cannot receive an
appropriate education in a general education classroom with supplementary aids and services
(Howard, 2013). It is not unusual to see a student in a wheelchair, a deaf student with an
interpreter or an older student with a developmental disability in a general education classroom.
The principles of IDEA reflect the transition from exclusion and segregation to acceptance and
inclusion.
General education teachers are also impacted by these rulings; under the Americans with
Disabilities Act (ADA) students who do not qualify for Special Education services may qualify
for a 504 plan. Teachers are required to modify instruction and provide accommodations that
adequately meets the needs of an impaired student. Effective January 2009, eligibility for
protection under Section 504 of the Rehabilitation Act became broader (Stanberry &
Kaloi, 2010); many students with learning disabilities (LD) and/or AD/HD (Attention-
Deficit/Hyperactivity Disorder) may now qualify for a 504 plan.

IDEA HISTORY AND THE LAW 5
References

Howard, W. (2013). Six Major Principles of IDEA | Education.com. Retrieved February 1, 2014,
from http://www.education.com/reference/article/six-major-principles-idea/

Peterson, J. (2007). Timeline of Special Education History. Retrieved February 1, 2014, from
http://www.fortschools.org/m/content.cfm?subpage=62980

Special Education History. (n.d.). Retrieved February 1, 2014, from
http://www.learningrx.com/special-education-history-faq.htm

Stanberry, K., & Kaloi, L. (2010). Section 504 updated: Greater eligibility and accommodations
for students with LD, AD/HD - Special education and IEPs | GreatSchools.
Retrieved February 1, 2014, from http://www.greatschools.org/special-
education/assistive-technology/1526-Section-504.gs?page=all

University of Michigan (n.d.). SPECIAL EDUCATION COMPARATIVE STUDY: History.
Retrieved February 1, 2014, from http://sitemaker.umich.edu/kissa.356/history

Winzer, M. (2006). Confronting difference: an excursion through the history of special
education. Retrieved February 1, 2014, from
http://www.uk.sagepub.com/gargiulo4emedia/study/chapters/handbook/handbook1.2.pdf
IDEA HISTORY AND THE LAW 6