IDEA History

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National University College *

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512

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Law

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Apr 3, 2024

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docx

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2

Uploaded by CaptainSeal4085

1. What were the events that led to the passage of IDEA in 1975? Who was involved in this decision? What were the requirements of IDEA? Horace Mann proposed the idea of schools where students from different religious, social and economic backgrounds would be educated and socialized together. He thought this would teach students to accept one another. The schooling focused on self-discipline and tolerance. By 1890s, students in special education classes were learning labor skills such as sewing, carpentry and metal work. Programs existed for students with disabilities such as deafness, blindness and what they called “mental retardation” in the 19 th century, but the 20 th century is when those programs increased and expanded. In the 1940’s, there was a rise in programs for students with disabilities and then in 1954 the historical Brown v. Board of Education set a new precedent. Brown v. Board of Education emphasized that every student was entitled to equal educational opportunities. After this case, parents petitioned the courts that separating their children from their peers based on their disability was segregation. Then in 1965, ESEA, Elementary and Secondary Education Act, was passed to help ensure students from underserved districts had better access to a quality education. In 1966, ESEA expanded to include students with disabilities. Following this legislation, in 1970 the Education of the Handicapped Act was issued by congress. Congress was hoping this act would cause states to develop programs that would better target students with disabilities. The case Pennslyvannia Assn. for Retarded Children v. Commonwealth of Pennslyvania created a precedent that parents needed to be involved in the process of placing their child. Mills v. Board of Education of District of Columbia protected students with disabilities from being disproportionately excluded, suspended, expelled and
transferred out of their public-school setting. These two cases also set a congressional investigation into motion in 1972, congress found devastating results that out of 8 million students with disabilities, 2.5 million of them were not receiving an appropriate education and 1.75 were not receiving an education at all. After the congressional investigation, in 1975 congress enacted the law “The Education for All Handicapped Children Act.” This law required state and local educational agencies to be responsible and liable for the education of all students with disabilities. This law has been rewritten a couple of times, but essentially under IDEA the state department of education has many responsibilities to each individual child and their education. The requirements of IDEA are as follows: the state should have designation people to ensure there is a proper amount of good teachers. The state should supervise local school districts and ensure students with disabilities receive a free appropriate education. There should be a program that ensures students with disabilities are “identified, located and evaluated.” Wright, Peter W.D., and Pamela Darr Wright. “The History of Special Education Law in the United States .” Wrightslaw Special Education Law and Advocacy , 18 Oct. 2021, https://www.wrightslaw.com/law/art/history.spec.ed.law.htm.
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