A Brief Special Education History

Before 1970, there was no special education. Students with special needs had no rights. Research shows that students with special needs were not even allowed in school.

A social movement occurred in the 1970's. Together, parents and educational professionals jointly advocated for the inclusion of special needs children within schools. Across the country, both school districts and states were sued for excluding disabled children from education. Activists cited the famous Brown v. Board of Education Supreme Court decision in their argument that equality means equal application of law and equal access to standard resources for all students (both able bodied and disabled).  

The combination of local and national activism combined with state by state court cases led to the creation of the 1974 Education for All Handicapped Act (EHA). The EHA created special education in public schools. The EHA also created a policy that mandates each special education child have an Individualized Education Plan (IEP) created by a parent and a team of educational professionals. Furthermore, the Zero Reject rule prohibits school personnel from excluding children from education because of a handicapping condition.Through equal protection under the law, exclusion from opportunities to learn are unconstitutional.  

The EHA was amended in 1986, 1990 and 1997 by the federal government. Amendments to the EHA changed the name of the law to the Individuals with Disabilities Education Act (IDEA). Included in the IDEA are stipulations that allow learning disabilities, AD/HD and certain emotional and mental disorders into the qualifying categories for the special education program.

Schools are responsible for providing accommodations and programs to special needs children in order to provide equality under the law. Today, children have the right to succeed in school and the educational institution must accommodate their success.