2 Legislation

Special education has a rich history marked by societal shifts, legislative reforms, and advancements in educational practices. Understanding its development provides insight into the changing perceptions of individuals with disabilities and the strategies employed to ensure their educational needs are met. This chapter explores the key milestones and transformations in the history of special education.

Early Federal Efforts

The mid-20th century witnessed significant legal and social reforms that shaped the landscape of special education. The aftermath of World War II brought attention to the needs of veterans with disabilities, leading to the passage of the Vocational Rehabilitation Act of 1943 in the United States. This legislation provided vocational training and employment opportunities for individuals with disabilities, laying the groundwork for future educational initiatives.

The 1950s and 1960s are considered the beginning of the modern special education movement, with landmark federal legislation supporting improved programs and services for children with disabilities.

The Training of Professional Personnel Act of 1959, also known as Public Law 86-158, was a significant piece of legislation aimed at enhancing the training and preparation of professionals working in the field of special education (U.S. Congress, 1959). During the mid-20th century, there was a growing recognition of the need for better-trained personnel to effectively serve individuals with disabilities. Public Law 86-158 was enacted to address this need by establishing grants to institutions of higher education and other organizations for the purpose of improving the training of professionals in various fields related to special education. This act provided federal funding to support the development of specialized training programs for educators, administrators, and other professionals involved in the education and care of individuals with disabilities. Public Law 86-158 represented a significant federal investment in the preparation and development of professionals working in the field of special education (Yell et al., 1998). By providing funding for training programs and research initiatives, the act helped to improve the quality of services provided to individuals with disabilities and contributed to advancements in special education practices.

Prior to the enactment of the Captioned Films Act, individuals with hearing impairments faced significant barriers in accessing educational films, as most films did not include captions or other forms of visual aids for the deaf. This limited their ability to fully participate in educational programs and activities. The Captioned Films Act of 1958, also known as Public Law 85-905, was a landmark piece of legislation aimed at improving accessibility to educational films for individuals with hearing impairments. This act mandated the inclusion of captions, or subtitles, in films produced or distributed with federal funds, ensuring that individuals who are deaf or hard of hearing could access and benefit from educational audiovisual materials. This Act represented a significant step towards improving accessibility and inclusivity in education for individuals with hearing impairments.

Public Law 85-926, also enacted in 1958, addressed the training provisions for teachers of students with intellectual disabilities. This legislation aimed to enhance the preparation and qualifications of educators working with individuals with intellectual disabilities (formerly mental retardation), ensuring that they received specialized training to effectively meet the diverse needs of their students. Public Law 85-926 authorized federal funding to support the establishment and expansion of training programs for teachers working with students with intellectual disabilities. These programs focused on providing educators with the knowledge, skills, and strategies necessary to address the unique learning challenges associated with intellectual disabilities. The legislation also allocated resources for research and development initiatives aimed at improving educational practices and interventions for individuals with intellectual disabilities. By investing in research, policymakers sought to identify effective teaching methods and instructional approaches that could enhance the academic and social outcomes of students with intellectual disabilities. By prioritizing specialized training programs and research initiatives, the legislation aimed to improve the quality of education provided to individuals with intellectual disabilities and promote their academic and social inclusion.

Public Law 87-276, also known as the “Teachers of the Deaf Act of 1961,” was a legislative initiative aimed at addressing the shortage of qualified educators trained to work with deaf and hard of hearing students in the United States. This law recognized the specialized skills and training required to effectively teach individuals with hearing impairments and sought to increase the availability of trained teachers in this field. This Act had a significant impact on the field of deaf education in the United States. By prioritizing teacher training and professional development initiatives, the legislation helped to increase the availability of qualified educators trained to work with deaf and hard of hearing students. This, in turn, contributed to improvements in the quality of education and services provided to individuals with hearing impairments.

Public Law 88-164, enacted in 1963, is commonly referred to as the “Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963.” This legislation, also known as the Community Mental Health Centers Act, represented a landmark effort to address the inadequate facilities and services available for individuals with intellectual and other developmental disabilities, as well as to expand community mental health services. These facilities included residential institutions, training centers, and other community-based facilities designed to provide care, treatment, and support for individuals with intellectual and developmental disabilities. Public Law 88-164 had a profound impact on the landscape of services available to individuals with intellectual and developmental disabilities in the United States. By investing in the construction of facilities and the expansion of community-based services, the legislation helped to improve access to care and support for individuals with intellectual and developmental disabilities. It also contributed to a shift towards community-based care and away from the large institutional settings that had previously been the primary form of support for individuals with disabilities.

The Elementary and Secondary Education Act (ESEA) of 1965, also known as Public Law 89-10, was a landmark piece of legislation in the United States aimed at providing federal funding to improve educational opportunities for children from low-income families. This act marked a significant federal commitment to addressing educational inequalities and enhancing the quality of education for students across the country. Key provisions of this act included financial assistance to local educational agencies, teacher and principal training and recruiting, supplementary educational centers and services, federal aid to support state education agencies, and administration and implementation of the Elementary and Secondary Education Act at the state level. The Elementary and Secondary Education Act of 1965 had a profound impact on education in the United States, particularly for students from low-income families and underserved communities. By providing federal funding to support educational programs and services, the legislation aimed to level the playing field and ensure that all students had access to a high-quality education. The ESEA laid the foundation for subsequent federal education initiatives, including the No Child Left Behind Act of 2001 and the Every Student Succeeds Act of 2015, which built upon its principles and expanded its scope.

Public Law 89-313, also known as the “State Schools Act,” was enacted in 1966. This legislation aimed to provide federal assistance to state schools for children with disabilities. The State Schools Act was part of the broader effort to improve services and support for individuals with disabilities, particularly children who required specialized education and care. Key provisions of this act included federal assistance to state schools, expansion of services and programs offered by state schools for children with disabilities, and coordination with state and local agencies to ensure students with disabilities received appropriate and comprehensive services tailored to their individual needs. The State Schools Act represented a significant federal investment in the education and care of children with disabilities in state-operated schools. By providing federal assistance, the legislation aimed to improve the quality of services and support available to students with disabilities, particularly those who required specialized education and residential accommodations. Through this Act, the groundwork was laid for subsequent federal legislation, including the Individuals with Disabilities Education Act (IDEA), which further expanded educational opportunities and protections for individuals with disabilities.

Public Law 90-538, also known as the Handicapped Children’s Early Education Assistance Act of 1968, was a significant piece of legislation aimed at providing federal assistance to support early education programs for children with disabilities. This act played a crucial role in expanding access to early education opportunities for children with disabilities in the United States. By providing federal funding and support for early childhood special education programs, the legislation helped to ensure that children with disabilities received the early intervention and support services they needed to thrive. The act laid the foundation for future special education initiatives, including the Individuals with Disabilities Education Act (IDEA), which further expanded educational opportunities and protections for individuals with disabilities of all ages. Public Law 92-424, the Economic Opportunities Amendments of 1972, was a significant piece of legislation aimed at expanding and improving the effectiveness of programs established under the Economic Opportunity Act of 1964. This act sought to address poverty and promote economic opportunity for low-income individuals and families in the United States through various initiatives and reforms, specifically increased Head Start enrollment for young children with disabilities.

Disability Law and Now

Section 504 of the Rehabilitation Act of 1973 is a critical civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. It is considered one of the first major legislative efforts to protect the rights of individuals with disabilities in the United States. Section 504 applies to a wide range of entities, including schools, colleges, universities, employers, and federal agencies. Under Section 504, covered entities are required to provide reasonable accommodations to individuals with disabilities to ensure equal access to programs, activities, and services. Reasonable accommodations may include modifications to policies, practices, or procedures; provision of auxiliary aids and services; and physical modifications to facilities. As public schools receive federal financial assistance, they must comply with Second 504 to provide reasonable accommodations to students with disabilities – even if they are not eligible for special education services. Section 504 served as a model for the Americans with Disabilities Act (ADA) of 1990, which extended protections against discrimination to the private sector and expanded the scope of coverage for individuals with disabilities. While Section 504 applies specifically to entities that receive federal financial assistance, the ADA applies more broadly to all public and private entities, regardless of whether they receive federal funding.

Public Law 94-142, also known as the Education for All Handicapped Children Act of 1975, is a landmark piece of legislation in the United States that established the foundation for special education services and protections for children with disabilities. This law was later renamed the Individuals with Disabilities Education Act (IDEA).  Provisions of PL-142 included:

• Free Appropriate Public Education (FAPE): All children with disabilities the right to a free appropriate public education (FAPE). This meant that eligible students with disabilities were entitled to receive educational services and supports tailored to their individual needs at no cost to their families.
• Individualized Education Programs (IEP): The legislation required schools to develop individualized education programs (IEPs) for each eligible student with a disability. An IEP is a written plan that outlines the student’s educational goals, the services and supports they will receive, and how progress will be measured and monitored.
• Least Restrict Environment (LRE): Public Law 94-142 mandated that students with disabilities be educated to the maximum extent appropriate with their nondisabled peers, known as the principle of least restrictive environment (LRE). This provision aimed to promote inclusion and ensure that students with disabilities had access to the general education curriculum and opportunities to interact with their peers without disabilities.
• Procedural Safeguards: The law established procedural safeguards to protect the rights of students with disabilities and their families. This included the right to due process, parental involvement in the decision-making process, and the opportunity to resolve disputes through mediation or impartial hearings.
• Federal Funding: Public Law 94-142 provided federal funding to assist states and local educational agencies in implementing the requirements of the legislation. This funding helped to support the development of special education programs and services, as well as training for educators and other professionals working with students with disabilities.

Public Law 94-142 had a transformative impact on the education of children with disabilities in the United States. By guaranteeing access to a free appropriate public education and establishing key principles such as the IEP and LRE, the law laid the foundation for the modern special education system. The principles and protections outlined in IDEA continue to guide the provision of special education services and supports to millions of students with disabilities nationwide.

Additional Resources

1. This guidebook is a collaborative effort between the Oklahoma State Department of Education’s Special Education Services (OSDE-SES) and the Oklahoma Parents Center, Inc. (OPC). This is used as the Parent Handbook. It describes the Individuals with Disabilities in Education Act (IDEA) in a parent-friendly format to help you understand your rights as the parent of a child who has been referred or identified as having a disability.
2. This brochure describes Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination based on disability in any program or activity operated by recipients of federal funds.
3. Yell, M., Ryan, J. B., Rozalski, M. E., & Katsiyannis. The U.S. Supreme Court and special education: 2005 – 2007. TEACHING Exceptional Children, 41(3), 68-75.

References

1. Kasa-Hendrickson, C. (2013). Special education and the civil rights movement: Legacies and lessons learned. Journal of Disability Policy Studies, 24(3), 156–165.
2. U.S. Congress (1958). Public Law 85-158: Training of Professional Personnel Act of 1959. https://www.govinfo.gov/content/pkg/STATUTE-73/pdf/STATUTE-73-Pg339.pdf
3. U.S. Congress (1958). Public Law 85-905.  https://uscode.house.gov/statutes/pl/85/905.pdf
4. U.S. Congress (1958). Public Law 85-926. https://www.govinfo.gov/content/pkg/STATUTE-72/pdf/STATUTE-72-Pg1777.pdf
5. U.S. Congress (1961). Public Law 87-276. https://uscode.house.gov/statutes/pl/87/276.pdf
6. U.S. Congress (1963). Public Law 88-164: Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963. https://www.govinfo.gov/content/pkg/STATUTE-77/pdf/STATUTE-77-Pg282.pdf
7. U.S. Congress (1965). Public Law 89-10: Elementary and Secondary Education Act of 1965. https://www.govinfo.gov/content/pkg/STATUTE-79/pdf/STATUTE-79-Pg27.pdf
8. U.S. Congress (1965). Public Law 89-313: State Schools Act. https://www.govinfo.gov/content/pkg/STATUTE-79/pdf/STATUTE-79-Pg1158.pdf
9. U.S. Congress (1968). Public Law 90-538: Handicapped Children’s Early Education Assistance Act. https://www.govinfo.gov/content/pkg/STATUTE-82/pdf/STATUTE-82-Pg901.pdf
10. U.S. Congress (1972). Public Law 92-424: Economic Opportunity Amendments of 1972. https://www.govinfo.gov/content/pkg/STATUTE-86/pdf/STATUTE-86-Pg688.pdf
11. U.S. Congress. (1975). Public Law 94-142: Education for All Handicapped Children Act of 1975. https://www.govinfo.gov/content/pkg/STATUTE-89/pdf/STATUTE-89-Pg773.pdf
12. U.S. Congress (1986). Public Law 99-457. https://www.govinfo.gov/content/pkg/STATUTE-100/pdf/STATUTE-100-Pg1145.pdf
13. U.S. Congress (1990). Public Law 101-476: Individual with Disabilities Education Act. https://www.govinfo.gov/content/pkg/STATUTE-104/pdf/STATUTE-104-Pg1103.pdf
14. U.S. Congress. (1997). Public Law 105-17. https://www.congress.gov/105/plaws/publ17/PLAW-105publ17.pdf
15. U.S. Congress (2004). Public Law 108-446. https://www.congress.gov/108/plaws/publ446/PLAW-108publ446.pdf
16. U.S. Congress (2015). Public Law 114-95: Every Student Succeeds Act. https://www.congress.gov/114/plaws/publ95/PLAW-114publ95.pdf
17. Yell, M. L., Rogers, D., & Rogers, E. L. (1998). The legal history of special education: What a long, strange trip it’s been! Remedial and Special Education, 19(4), 219–228.