| Special Education laws have been evolving for
decades, finally achieving far-reaching results in the form of the
Individuals with Disabilities Education Act. Take a look at the
development of America’s special education legislation below.
1960’s
Special Education legislation began as an aspect of the civil rights
movement in the sixties. First came The Elementary and Secondary
Education Act of 1965 (ESEA) and its amendments which set aside
grants to state-operated schools to assist underprivileged and disabled
children. Further ESEA amendments followed. In 1966, local schools
were included in Federal grant programs for educating the disabled.
In 1968, ESEA amendments broadened the range and scope of these
special educational services, sometimes called “discretionary”
programs.
1970’s
The mid-seventies was the true birth of what became the Individuals
with Disabilities Education Act. The Education of the Handicapped
Act Amendments of 1974 served as the first official legislation
toward appropriate education for all disabled children. That same
year, the Family Education Rights and Privacy Act established parents’
right to examine their children’s personal files and documents.
But it was 1975 when the most complete precursor to IDEA was created:
the Education for All Handicapped Children Act of 1975. This was
the law establishing IEP’s (Individual Education Programs)
and the concept of LRE (Least Restrictive Environment). The importance
of the IEP mandate cannot be overstated. This Act went into effect
in 1977 after all its details were agreed upon.
1980’s
The Amendments of 1983 included more of the now-familiar IDEA elements,
including state-provided parent training/information centers, school-to-work
transition programs, and early-intervention program funding. 1986’s
Amendments provided a more comprehensive program at the state level
for early intervention services for infants and preschoolers (“Part
H”).
1990’s
The Education of the Handicapped Act is formally renamed the Individuals
with Disabilities Education Act (IDEA). Long-standing mandates were
reauthorized, including discretionary programs and transition services.
Assistive technology was given its first legislative mention, and
autism and traumatic brain injury were added to the definitions
of qualifying disabilities. In 1992, Part H was amended so that
services for infants and preschoolers were expanded and reauthorized.
Finally, the Individuals with Disabilities Education Act Amendments
of 1997 (a.k.a. “The 1997 Reauthorization” or “IDEA
’97”) put into effect all the revised and strengthened
regulations this website is all about. Parents’ active role
was strengthened; discipline concerns were addressed; nonadversarial
dispute resolution was emphasized; and access to curriculum and
services was further guaranteed. The stress is now firmly placed
on results: quality, free, appropriate education for ALL children.
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