Special Education

Federal Legislation to Serve Students With Disabilities

Prior to EAHC, children and adolescents with disabilities often received a low-quality formal education or were excluded entirely from the public school system. However, passage of the legislation aimed to address the more systemic concerns of individuals with disabilities, such as access, formal identification of disabilities, and locating of resources for families of children with disabilities. One of the most significant provisions of EAHC was the principle of a free and appropriate public education for students with disabilities. This principle has been foundational in terms of providing funding to public schools for the acquisition and establishment of administration, specially trained personnel, curricula/materials, and related services (e.g., physical therapy, speech-language therapy, at-home autism services). EAHC also provided specific administrative and legal protocols to settle disputes with schools over the delivery of services. Since the passage of EAHC in 1975, the legislation has evolved to meet the growing needs and awareness of children and adolescents with disabilities, and this evolution was demonstrated in the name change to the Individuals with Disabilities Education Act (IDEA) in 1990. In each of its four reauthorizations, the legislation has expanded to include early childhood initiatives, postsecondary school planning for individuals with severe disabilities, extended coverage of student rights, and creation of new disability categories, bringing the total number of recognized categories to 13. In addition, IDEA was crafted in three specific parts to address different services and age groups. Part A established the foundation and structure of special education services, Part B addressed services offered to individuals with disabilities between the ages of 3 and 21 years, and Part C provided services to children younger than 3 years of age.

Six Principles of Special Education

Throughout the development of federal special education legislation, school professionals, families, and advocates for students with disabilities have continuously reshaped IDEA to reflect the growing diversity of students with disabilities and critical topics in education. An examination of the history of IDEA demonstrates that six specific principles have held constant in the development of the legislation and of special education services in public schools. These principles include zero reject, nondiscriminatory evaluation, appropriate education, least restrictive environment, due process, and parent participation.

The principle of zero reject ensures that all students, regardless of the type and severity of their disability(ies), have the right of access to a free and appropriate public education. Prior to 1975, children with severe or multiple disabilities were often turned away from public schools because of the perceived expense and difficulties of their integration into the general curriculum. Nondiscriminatory evaluation establishes specific, unbiased [Page 1997]protocols in the academic and behavioral assessment of students referred to special education evaluation, including the informed consent of parents and the opportunity to seek third-party evaluations in cases of disagreement between parents and schools. The principle of appropriate education establishes specific practices that direct the creation of an individualized education plan (IEP) for the student with disabilities by a committee composed of the parents, school professionals, and other necessary members (including the child himself or herself when deemed age- and development-appropriate).

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