THE HISTORY OF IDEA -- AT A GLANCE

IDEA, in the Past

IDEA, the Individuals with Disabilities Education Act, mandates that eligible children with disabilities have available to them special education and related services designed to address their unique educational needs. The IDEA, and most especially the provision of special education, has its roots in the past. The laws from which the present-day IDEA has sprung include:

-- P. L. 89-10, The Elementary and Secondary Education Act of 1965 (ESEA), the statutory basis upon which early special education legislation was drafted; three subsequent amendments in 1965, 1966, and 1968

-- P. L. 91-230, ESEA Amendments of 1970, which included Part B, the Education of the Handicapped Act

-- P. L. 93-280, The Education Amendments of 1974, included Title VI, which was the Education of the Handicapped Act Amendments of 1974; an appropriate education for all children with disabilities was mentioned for the first time

-- P. L. 94-142, The Education for All Handicapped Children Act of 1975, mandated a free appropriate public education for all children with disabilities, ensured due process rights, mandated IEPs and LRE, and became the core of federal funding for special education
-- Amendments to the EHA, in 1983, 1986 (which established the Part H program), 1990 (which renamed the law IDEA), and 1992

-- P. L. 105-17, The Individuals with Disabilities Education Act Amendments of 1997, the current law.

-- On December 1, 1994, the number of infants and toddlers receiving early intervention services was 165,253 (U.S. Department of Education, 1996).

-- In the 1994-95 school year, over 4.9 million children (ages 6-21) received special education services under IDEA (U.S. Department of Education, 1996).

-- In the 1993-94 school year, 43.4% of these children were in the regular education classroom with nondisabled children. Placement varied considerably according to the disability of the child; for example, 87.5% of students with speech and language impairments were served in the regular classroom. Children with mental retardation or autism were much less likely to be served in the regular classroom (8.6% and 9.6%, respectively). These children tended to be served in separate classes--57% of children with mental retardation and 54.5% of children with autism received services in a separate class. (U.S. Department of Education, 1996)

Selected Informal Goals of IDEA 97

-- Strengthening the role of parents
-- Ensuring access to the general curriculum and reforms
-- Focusing on teaching and learning while reducing paperwork
-- Assisting educational agencies in addressing costs of improving special education and related services
-- Increased attention to racial, ethnic, and linguistic diversity--preventing inappropriate mislabeling
-- Ensuring schools are safe and conducive to learning
-- Encouraging parents and educators to work out their differences by using nonadversarial means

Historical Perspective

The first Federal laws designed to assist individuals with disabilities date back to the early days of the nation. In 1798, the Fifth Congress passed the first Federal law concerned with the care of persons with disabilities (Braddock, 1987). This law authorized a Marine Hospital Service to provide medical services to sick and disabled seamen. By 1912, this service became known as the Public Health Service.

Prior to World War II, there were relatively few Federal laws authorizing special benefits for persons with disabilities. Those that did exist were intended to address the needs of war veterans with service-connected disabilities.

For most of our nation's history, schools were allowed to exclude and often did exclude certain children, especially those with disabilities. Since the 1960s, however, there has been a great deal of Federal legislation that relates directly or indirectly to individuals with disabilities, particularly children and youth. The numerous court decisions rendered and State and Federal laws passed since the 1960s now protect the rights of students with disabilities and guarantee that a free and appropriate, publicly supported education is available to them. Two of the most important laws for students with disabilities are the Individuals with Disabilities Education Act [formerly known as the Education of the Handicapped Act] and the Rehabilitation Act of 1973, especially Section 504.

The legislative history of special education won't be overviewed in class; it's presented below...

• -- P. L. 89-10, The Elementary and Secondary Education Act of 1965 (ESEA). Provided a comprehensive plan for readdressing the inequality of educational opportunity for economically underprivileged children. It became the statutory basis upon which early special education legislation was drafted.

• -- P. L. 89-313, The Elementary and Secondary Education Act Amendments of 1965. Authorized grants to state institutions and state operated schools devoted to the education of children with disabilities. It was the first Federal grant program specifically targeted for children and youth with disabilities.

• -- P. L. 89-750, ESEA Amendments of 1966. Established the first Federal grant program for the education of children and youth with disabilities at the local school level, rather than at state-operated schools or institutions. It also established the Bureau of Education of the Handicapped (BEH) and the National Advisory Council (now called the National Council on Disability).

• -- P. L. 90-247, Elementary and Secondary Education Act Amendments of 1968. Final Federal special education legislation of the 1960s, established a set of programs that supplemented and supported the expansion and improvement of special education services. These programs later became known as "discretionary."

• -- P. L. 91-230, The Elementary and Secondary Education Act Amendments of 1970, which included Title VI, the Education of the Handicapped Act. Established a core grant program for local education agencies, now known as part B, and it authorized a number of discretionary programs.

• -- P. L. 93-280, The Education Amendments of 1974. Established two laws. One was the Education of the Handicapped Act Amendments of 1974, which was the first to mention an appropriate education for all children with disabilities. It also reauthorized the discretionary programs. The second law, the Family Education Rights and Privacy Act, gave parents and students over the age of 18 the right to examine records kept in the student's personal file.

• -- P. L. 94-142, The Education for All Handicapped Children Act of 1975. Mandated a free appropriate public education for all children with disabilities, ensured due process rights, and mandated IEPs and LRE. As such, it is the core of Federal funding for special education. This law was passed in 1975 and went into effect in October of 1977 when the regulations were finalized.

• -- P. L. 98-199, Education of the Handicapped Act Amendments of 1983. Reauthorized the discretionary programs, established services to facilitate school to work transition through research and demonstration projects; established parent training and information centers; and provided funding for demonstration projects and research in early intervention and early childhood special education.

 
• -- P. L. 99-457, Education of the Handicapped Act Amendments of 1986. Mandated services for preschoolers and established the Part H program to assist states in the development of a comprehensive, multidisciplinary, and statewide system of early intervention services for infants.

• -- P. L. 101-476, The Education of the Handicapped Act Amendments of 1990. Renamed the law the Individuals with Disabilities Education Act. It reauthorized and expanded the discretionary programs, mandated transition services, defined assistive technology devices and services, and added autism and traumatic brain injury to the list of categories of children and youth eligible for special education and related services.

• -- P. L. 102-119, The Individuals with Disabilities Education Act Amendments of 1992. Primarily addressed the Part H (Infants and Toddlers with Disabilities) Program.

• -- P. L. 105-17, The Individuals with Disabilities Education Act Amendments of 1997. The current law!

Whenever an Act is passed by the Congress and signed into law by the President, it is given a number, such as P. L. 94-142. "P. L." stands for Public Law. The first set of numbers means the session of Congress during which the law was passed. For example, the 94 means the 94th session of the U.S. Congress. The second set of numbers identifies what number the law was in the sequence of passage and enactment during that session. Thus, the 142 means that this was the 142nd law that Congress passed and the President signed during the 94th session of Congress.

It is also important to understand that Federal laws are often changed, or amended, regularly. Public Law 94-142, the Education for All Handicapped Children Act, has had several amendments since its passage in 1975. Therefore, it is important to keep up to date on these changes, as they often affect the delivery of special education and related services, and other programs in your state.

Laws passed by the Congress provide a general framework of policy related to a particular issue. Once a law is passed, Congress delegates the task of developing regulations to guide the law's implementation to an administrative agency within the Executive Branch. Federal regulations are detailed in the Code of Federal Regulations (CFR). The CFR interprets the law, discusses each point of a law, and further explains it. Copies of most Federal regulations are available in the public library. The CFR is helpful in understanding the laws. State agencies must comply with Federal laws and regulations.

At the Federal level, special education is an area in which regulations exist. The regulations for the Individuals with Disabilities Education Act, for example, spell out the procedures and programming that must be provided to children and youth with disabilities in order for States to receive Federal funds. States may go beyond what is required in the regulations so long as what they do is consistent with the Federal statute and regulations. For example, some States have broader definitions of which children are entitled to special education and, thus, may include gifted children in their special education programming. Such children, however, may not be included in the count to generate Federal funding.

• Looking back over the last 25 years, it is clear that Federal protection and guarantees of the educational rights of individuals with disabilities have been an evolving story.
• The reauthorization of the IDEA as the Amendments of 1997 was a long process that gathered speed in 1995 with the 104th Congress. Many different organizations became involved in the reauthorization process, but the 104th Congress adjourned before the law was reauthorized.
• The start of the 105th Congress signaled a new beginning for the IDEA legislation. David Hoppe, who was the chief of staff for the new majority leader of the Senate, Trent Lott, took charge of the legislation and set up a bi-partisan, bi-cameral team to work on IDEA reauthorization. Mr. Hoppe created timelines and moved the process forward. Finally, after two years of analysis, hearings, discussions, and other legislative activities, the legislation was passed by Congress in May 1997 and signed by the President on June 4, 1997. It is now referred to as the Individuals with Disabilities Education Act Amendments of 1997, Public Law 105-17.

Braddock, D. (1987). Federal policy toward mental retardation and developmental disabilities. Baltimore, MD: Paul H. Brookes.

Horne, R.L. (1996). The education of children and youth with special needs: What do the laws say? NICHCY News Digest, 15, 1-16.

U.S. Department of Education. (1996). Eighteenth annual report to Congress on the implementation of the Individuals with Disabilities Education Act. Washington, DC: Author.

A publication of....

NICHCY
National Information Center for Children and Youth with Disabilities
P.O. Box 1492
Washington, DC 20013