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Disability policy in the United States education system refers to the inclusion of individuals with disabilities in public and private K–12 and post-secondary educational programs. At both K–12 and postsecondary levels, current disability policy incorporates principles of inclusion and dignity of individuals with disabilities. It does so through legal requirements that include nondiscrimination and the provision of supportive services and accommodations. The policy in K–12 education is more comprehensive and extensive than in post-secondary education in terms of support services, procedural safeguards, student identification, and funding. The policy of inclusion at the K–12 level is critical to the preparation of students with disabilities to be qualified to be admitted to and to succeed in postsecondary education. Both K–12 and postsecondary education policies provide for least restrictive environment (nonsegregation and inclusion of students with disabilities with other students to the maximum extent appropriate) as a key principle. The philosophy of inclusion and least restrictive environment was incorporated into a federal statutory framework in the 1970s, with regulatory guidance, judicial interpretation, and further statutory activity occurring thereafter. The basic principles of the initial statutes, however, have remained in force.

Overview

Historical Philosophy

Disability is a broad term, and it is defined differently in various contexts, such as government benefits (e.g., worker's compensation and social security) and medical diagnosis. In the education arena, the statutory framework for disability policy initially used the term handicap, which has now been replaced in virtually all federal statutes with the term disability. The term is defined and applied differently in K–12 and postsecondary frameworks to some extent, but in both arenas it recognizes impairments and conditions that limit participation in various aspects of education compared to most other students in the United States. It applies to those who are “disabled” by attitudes and stereotypes as well as by the way the educational program or the physical environment is designed.

Education statutes applicable to students with disabilities define coverage to include a wide array of conditions. These include mobility impairments (covering wheelchair users and individuals with arthritic and similar conditions), sensory impairments (vision and hearing), health impairments (such as breathing disorders, chemical sensitivities, and digestive and endocrine disorders), mental conditions (including developmental delays and learning and related disabilities), and mental health conditions (such as mental illness and substance addiction).

The attitude toward and treatment of individuals with disabilities in education parallel participation in other aspects of society. In American society in the early 1900s, the policy applied to individuals with disabilities was one of support and maintenance, evolving to a philosophy of rehabilitation following World War I. Within the education system, students were generally entirely excluded. Eventually those who received education were segregated and removed. For example, it was common to have schools for individuals who were blind or deaf. These caretaking and rehabilitation philosophies resulted in little need for the architectural or social environment or the regular education system to be designed to include or accommodate individuals with disabilities.

The philosophy began to change in the 1960s. This change was in part a response to the 1954 U.S. Supreme Court decision in Brown v. Board of Education, but also due to social science research about the abilities of individuals with developmental mental delays. The philosophy also began to recognize the dignity of all individuals.

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