Pre-1900's: Children with special needs were seriously neglected. Some were even abused and killed. There were no resources for society to be able to help children with special needs so the unthinkable happened. Many children were left to die.
Soon afterward, children with special needs were left at the churches. These facilities provided shelter, food, and clothing. This was the beginning of caring for children with special needs. However, children with special needs were segregated and their needs continued to be neglected.
1900-1970: During this period it was recognized that students with special needs required special education. Students with hearing and visual impairments attended residential schools for the deaf and blind. It was during this time that a small group of students with intellectual disabilities received services in public schools (Smith, 2016). However, a court case, Beattie v. Board of Education, regarding a student, Merritt Beattie, even though she was intellectually capable of academic achievement in school, was not allowed to attend due to her drooling, speech problems, and motor problems (Smith, 2016).
Eugenics Movement: This movement believed that intellectual disabilities, psychological problems, and medical illnesses were inherited traits. This movement also had the support of government officials, the courts, and professionals (Smith, 2016). During this time involuntary sterilizations of these individuals with special needs took place (Smith, 2016). The eugenics movement ended in the early 1930's. Even though educational services was not a focus for individuals with special needs, basic care became a center of interest.
1970's to Present: During this period several profound factors had a positive impact on individuals with special needs. The civil rights movement, legislation, litigation, and the advocacy movement all had an influence on special education (Smith, 2016).
Civil Rights Movement: The Civil Rights Movement brought awareness to individuals with disabilities in the 1960's. During this time many students with special needs could not attend public schools unlike non-disabled students (Smith, 2016). Smith explains, "in the Brown v. Board of Education ruling in 1954 resulted in the racial integration of schools, the Court held that segregating public education on the basis of race was unconstitutional," (2016). Why could this not be held the same for students with special needs? Smith continues, "A key part of the Court's decision in the Brown case was the 14th Amendment to the U.S. Constitution, which stipulates that the states may not deny any person within its jurisdiction equal protection under the law, so segregating students based on race and disability was ruled by the courts to violate the 14th Amendment," (2016). This movement allowed individuals with disabilities to be able to demand their Constitutional rights.
Another major accomplishment was the passing of the Rehabilitation Act of 1973. This act prohibited discrimination on the basis of disability. Smith explains, "For the first time, a federal law stated that excluding or segregating an individual with a disability constituted discrimination and challenged the assumption that disadvantages faced by people with disabilities, such as low educational attainment or unemployment, were the inevitable result of limitations stemming from the disability itself rather than from societal barriers or prejudices," (2016).
Legislation: "While the civil rights movement provided a framework for individuals with disabilities and parents of children with disabilities to seek equal services, opportunities, and protections the mechanism for achieving this goal was legislation and litigation," (Smith, 2016, p. 4, para. 4). In the early 1970's states passed legislation which mandated schools provide students with disabilities services. However, a downfall was the lack of funding to do so. Smith states, "the passing of the National Defense Education Act provided funding for special education teacher preparation," (2016). Some other federal legislation includes the Special Education Act of 1961, the Mental Retardation Facility and Community Center Construction Act of 1963, the Elementary and Secondary Education Act (ESEA) of 1965, and the Education of the Handicapped Act of 1970, and the predecessor of Public Law 94-142, (Smith, 2016). Each provides the funds necessary to prepare special education teachers for educating students with special needs. The first federal agency to focus on the needs of students with special needs was the Bureau of Education for the Handicapped.
The Education of the Handicapped Act (EHA) of 1970 was the first federal law that focused on educating students with special needs, (Smith, 2016). Funding was provided for special education teacher training programs and developed regional resource centers that provided technical aid to school districts in the area of special education (Smith, 2016). In 1975 this act was amended and named the Education for All Handicapped Children Act (EAHCA) which became Public Law 94-142. This law's primary purpose is to, "ensure that students with disabilities receive a free appropriate public education, protect the rights of students and parents, and assist states and local school districts in providing these services," (Smith, 2016). In 1990, the re-authorization of this act changed the name of the law to the Individuals with Disabilities Education Act (IDEA) whose primary purpose is to, "provide a free appropriate public education (FAPE), lease restrictive environment (LRE), individualized educational program (IEP), nondiscriminatory assessment, and due process rights for students and parents," (Smith, 2016). There are also two federal acts that have greatly impacted services for individuals with special needs. These laws are Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. Section 504 was the, "first federal legislation noting that excluding or segregating individuals from federally supported activities based on their disabilities was indeed discriminatory," (Smith, 2016). It is required that schools provide students with a free appropriate public education (FAPE) under Section 504. The Americans with Disabilities Act (ADA) of 1990 enabled individuals with special needs to have the same opportunities as non-disabled peers, (Smith, 2016). ADA does apply to nearly all entities. Even if federal funds are received this means that businesses such as restaurants, hotels, and more, must comply with provisions that are anti-discriminatory.
National Defense Education Act (1958)
Buck v. Bell (1972)
Advocacy Movement: When a group or individual aims to influence decisions within economic, political, and social systems and institutions by pleading or arguing in favor of something. The advocacy movement of the 1970's encouraged and pressured governmental officials to pass legislation to secure services and funding for individuals with special needs. Some of the advocacy groups are the National Association for Retarded Citizens (ARC-USA), the Association for Persons with Severe Handicaps (TASH), the Association for Children with Learning Disabilities (ACLD), National Society for Autistic Children, Autism Society of America, Autism Speaks, National Association for Down Syndrome, Orton Society, and United Cerebral Palsy, just to name a few.
1900-1970: During this period it was recognized that students with special needs required special education. Students with hearing and visual impairments attended residential schools for the deaf and blind. It was during this time that a small group of students with intellectual disabilities received services in public schools (Smith, 2016). However, a court case, Beattie v. Board of Education, regarding a student, Merritt Beattie, even though she was intellectually capable of academic achievement in school, was not allowed to attend due to her drooling, speech problems, and motor problems (Smith, 2016).
Eugenics Movement: This movement believed that intellectual disabilities, psychological problems, and medical illnesses were inherited traits. This movement also had the support of government officials, the courts, and professionals (Smith, 2016). During this time involuntary sterilizations of these individuals with special needs took place (Smith, 2016). The eugenics movement ended in the early 1930's. Even though educational services was not a focus for individuals with special needs, basic care became a center of interest.
1970's to Present: During this period several profound factors had a positive impact on individuals with special needs. The civil rights movement, legislation, litigation, and the advocacy movement all had an influence on special education (Smith, 2016).
Civil Rights Movement: The Civil Rights Movement brought awareness to individuals with disabilities in the 1960's. During this time many students with special needs could not attend public schools unlike non-disabled students (Smith, 2016). Smith explains, "in the Brown v. Board of Education ruling in 1954 resulted in the racial integration of schools, the Court held that segregating public education on the basis of race was unconstitutional," (2016). Why could this not be held the same for students with special needs? Smith continues, "A key part of the Court's decision in the Brown case was the 14th Amendment to the U.S. Constitution, which stipulates that the states may not deny any person within its jurisdiction equal protection under the law, so segregating students based on race and disability was ruled by the courts to violate the 14th Amendment," (2016). This movement allowed individuals with disabilities to be able to demand their Constitutional rights.
Another major accomplishment was the passing of the Rehabilitation Act of 1973. This act prohibited discrimination on the basis of disability. Smith explains, "For the first time, a federal law stated that excluding or segregating an individual with a disability constituted discrimination and challenged the assumption that disadvantages faced by people with disabilities, such as low educational attainment or unemployment, were the inevitable result of limitations stemming from the disability itself rather than from societal barriers or prejudices," (2016).
Legislation: "While the civil rights movement provided a framework for individuals with disabilities and parents of children with disabilities to seek equal services, opportunities, and protections the mechanism for achieving this goal was legislation and litigation," (Smith, 2016, p. 4, para. 4). In the early 1970's states passed legislation which mandated schools provide students with disabilities services. However, a downfall was the lack of funding to do so. Smith states, "the passing of the National Defense Education Act provided funding for special education teacher preparation," (2016). Some other federal legislation includes the Special Education Act of 1961, the Mental Retardation Facility and Community Center Construction Act of 1963, the Elementary and Secondary Education Act (ESEA) of 1965, and the Education of the Handicapped Act of 1970, and the predecessor of Public Law 94-142, (Smith, 2016). Each provides the funds necessary to prepare special education teachers for educating students with special needs. The first federal agency to focus on the needs of students with special needs was the Bureau of Education for the Handicapped.
The Education of the Handicapped Act (EHA) of 1970 was the first federal law that focused on educating students with special needs, (Smith, 2016). Funding was provided for special education teacher training programs and developed regional resource centers that provided technical aid to school districts in the area of special education (Smith, 2016). In 1975 this act was amended and named the Education for All Handicapped Children Act (EAHCA) which became Public Law 94-142. This law's primary purpose is to, "ensure that students with disabilities receive a free appropriate public education, protect the rights of students and parents, and assist states and local school districts in providing these services," (Smith, 2016). In 1990, the re-authorization of this act changed the name of the law to the Individuals with Disabilities Education Act (IDEA) whose primary purpose is to, "provide a free appropriate public education (FAPE), lease restrictive environment (LRE), individualized educational program (IEP), nondiscriminatory assessment, and due process rights for students and parents," (Smith, 2016). There are also two federal acts that have greatly impacted services for individuals with special needs. These laws are Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. Section 504 was the, "first federal legislation noting that excluding or segregating individuals from federally supported activities based on their disabilities was indeed discriminatory," (Smith, 2016). It is required that schools provide students with a free appropriate public education (FAPE) under Section 504. The Americans with Disabilities Act (ADA) of 1990 enabled individuals with special needs to have the same opportunities as non-disabled peers, (Smith, 2016). ADA does apply to nearly all entities. Even if federal funds are received this means that businesses such as restaurants, hotels, and more, must comply with provisions that are anti-discriminatory.
This chart lists a summary of Early Federal Legislation. (Smith, 2016, p. 5).
National Defense Education Act (1958)
- Response to the Russian launch of Sputnik.
- Grants provided to improve science and math teaching.
- Led to federal involvement in special education; PL 85-926 followed the NDEA by four days and provided funding for training leadership personnel for students with intellectual disabilities.
- Provided funding to prepare teachers for children with hearing impairments.
- Provided funding for construction of facilities for individuals with intellectual disabilities, including research centers.
- Focused on prevention, care, and treatment.
- Increased funding for preparing teachers for children with intellectual disabilities and other disabilities.
- Laid the foundation for future civil rights laws focusing on individuals with disabilities.
- Cited the 14th Amendment as requiring equal protections and opportunities.
- First federal legislation that subsidized educational programs for specific populations.
- Second year of funding provided grants for state-operated/supported schools serving children with disabilities.
- Created the Bureau of Education for the Handicapped, a federal agency focusing on special education services.
- Established core grant programs for local schools.
- Authorized discretionary programs.
- Provided funding for students in rural areas.
- Precursor of Public Law 94-142.
Court cases impacting special education services are shown in the list provided by Smith, 2016.
Buck v. Bell (1972)
- U.S. Supreme Court case upholding involuntary sterilization of Carrie Buck.
- Chief Justice Holmes said, "Three generations of imbeciles are enough."
- Wisconsin Supreme Court ruled that a student with physical disabilities could be excluded from public schools.
- Court ruled separate schools were inherently unequal.
- Set the stage for dismantling separate educational programs for students with disabilities.
- Case focusing on desegregation based on race.
- Court ruled separate schools were inherently unequal.
- Set the stage for dismantling separate educational programs for students with disabilities.
- Pennsylvania Association for Retarded Children (PARC) sued Commonwealth of Pennsylvania because children with intellectual disabilities were excluded from publicly funded educational programs.
- Parties entered into a consent decree mandating that this group of students be afforded access to public education.
- Similar to PARC, parents of seven children with disabilities filed because their children were excluded from the District of Columbia public school system.
- Court ruled in favor of the parents and established due process procedures for children with disabilities and expanded the PARC ruling to all children with disabilities, not just those with intellectual disabilities.
- Court ruled that one-on-one support for a student with severe physical disabilities did not constitute a medical service and was required under IDEA.
- Case focused on providing a sign language interpreter for a student with a hearing impairment.
- Lower courts ruled that an interpreter must be provided.
- U.S. Supreme Court reversed previous decisions stating that an interpreter was not needed because the student could benefit from education without the interpreter.
- Underlined that IDEA did not require schools to maximize a child's benefit but simply enable the child to benefit.
- U.S. Supreme Court ruled that removing students with disabilities for more than ten days constituted a change of placement and violated the stay put provision of IDEA.
- Required schools to conduct a manifestation to determine whether the inappropriate behavior was related to the disability.
- If behavior is related to the disability, schools may not remove the student from the educational setting.
- U.S. Supreme Court agreed with an appeals court that clean intermittent catheterization (CIC) is a legitimate related service with schools must provide.
- U.S. Supreme Court upheld a ruling that the burden of proof (burden of persuasion) rested with parents who had contended that a local school district was not providing appropriate services and the child needed to be educated in a private school.
- U.S. Supreme Court agreed with a district court that parents could not collect attorneys' fees in cases in which they prevailed.
- This resulted in a new law enacted by Congress in 1986 which allows for such payment.
Advocacy Movement: When a group or individual aims to influence decisions within economic, political, and social systems and institutions by pleading or arguing in favor of something. The advocacy movement of the 1970's encouraged and pressured governmental officials to pass legislation to secure services and funding for individuals with special needs. Some of the advocacy groups are the National Association for Retarded Citizens (ARC-USA), the Association for Persons with Severe Handicaps (TASH), the Association for Children with Learning Disabilities (ACLD), National Society for Autistic Children, Autism Society of America, Autism Speaks, National Association for Down Syndrome, Orton Society, and United Cerebral Palsy, just to name a few.
ʘClick on the advocates to visit their Web sites.
EFN 398 Grey. (Dec. 9, 2013). [Video Post]. Retrieved on May 26, 2017, from: https://www.youtube.com/watch?v=hBN1Dgwsx8Y
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