A primer on special education law in the United States—Part 1: the development of the Education for All Handicapped Children Act of 1975, Public Law 94‐142

1998 ◽  
Vol 10 (1) ◽  
pp. 5-13
Author(s):  
Robert E. Rains
1964 ◽  
Vol 31 (1) ◽  
pp. 1-4
Author(s):  
John E. Fogarty

The future strength of the United States rests on the best possible education for all children. In 1963, Congress responded to the educational needs of handicapped children with the passage of significant legislation. As yet, Congress has not determined the role of the federal government in the education of the gifted. The author would welcome proposals for such participation from the profession.


1979 ◽  
Vol 161 (3) ◽  
pp. 5-22 ◽  
Author(s):  
Jeffrey J. Zettel ◽  
Joseph Ballard

In November of 1975 the Congress of the United States passed the Education for All Handicapped Children Act (PL 94-142) and thereby mandated that all school-aged handicapped children in the United States were to have available to them a “free, appropriate public education” by September 1, 1978. To accomplish this the Congress also prescribed a set of minimum standards that were to be followed by state and local education agencies to insure that such an education was indeed being provided. The purpose of this particular article is twofold. First, it will provide an account of the basic tenets of the law, its origins, and its legislative history. Second, it will describe a number of the minimum standards established by this act that directly relate to and impact upon the education of handicapped children.


2020 ◽  
Vol 58 (5) ◽  
pp. 507-520
Author(s):  
Jake Cornett ◽  
Kimberly M. Knackstedt

PurposeThe United States (US) system of special education committed three original sins that perpetuate inequities between children with disabilities and their peers. The purpose of this paper is to examine the history of the US system, contrast this history against international disability law and identify opportunities for leaders to transform policy and practice for inclusive education.Design/methodology/approachThis paper explores the development of the three sins in US special education law: (1) weaving throughout it a medical model of disability, (2) failing to mandate inclusion and (3) hampering meaningful enforcement. The paper contrasts the US system with the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), an international law adopted by 180 nations that requires inclusion of people with disabilities at all levels of systems.FindingsThis paper finds that the United States has not embraced inclusion in education, but has permitted a continuum of segregation and integration. After a discussion of the three sins and the CRPD, the authors describe opportunities for international and US leaders to learn from the original sins of the United States and develop a system of true inclusion for all students through the transformation of policy and practice.Originality/valueThis paper contributes to the literature on policy development and implementation, with implications for future amendments to US education law and international public administration of education.


2016 ◽  
Vol 10 (1) ◽  
pp. 33-44
Author(s):  
Vaughn Bicehouse ◽  
Jean Faieta

Special education, a discipline that aims to provide specialized instruction to meet the unique needs of each child with a disability, has turned 40 years old in the United States. Ever since the passage of the Education for All Handicapped Children Act (P.L. 94-142) in 1975, every state has been directed to provide a free and appropriate education for all students with disabilities (Gallagher, 2000; Rothstein, 1995). The focus of this paper is to revisit the foundations of the special education movement in the United States to show how special education has progressed since 1975. The current Race to the Top movement impacts school districts across the nation, creating great concern about what this means for students with disabilities and how it affects their struggle to succeed within the public school domain. In fact, after 40 years, (P.L. 94-142) known as the Individuals with Disabilities Education Act, IDEA, is the current high stakes standards and assessment climate taking the “special” out of special education? 


Author(s):  
Melissa A. Pierce

In countries other than the United States, the study and practice of speech-language pathology is little known or nonexistent. Recognition of professionals in the field is minimal. Speech-language pathologists in countries where speech-language pathology is a widely recognized and respected profession often seek to share their expertise in places where little support is available for individuals with communication disorders. The Peace Corps offers a unique, long-term volunteer opportunity to people with a variety of backgrounds, including speech-language pathologists. Though Peace Corps programs do not specifically focus on speech-language pathology, many are easily adapted to the profession because they support populations of people with disabilities. This article describes how the needs of local children with communication disorders are readily addressed by a Special Education Peace Corps volunteer.


PEDIATRICS ◽  
1978 ◽  
Vol 61 (1) ◽  
pp. 135-137
Author(s):  
Francine H. Jacobs ◽  
Deborah Klein Walker

In November 1975, Congress passed The Education for All Handicapped Children Act (public law 94-142) which became effective on October 1, 1977. This law requires that any state receiving funds through PL 94-142 provide a "free appropriate public education" for each resident handicapped child, and protect the procedural rights of parents and children in the receipt of these special education services. State and local educational agencies (school systems) must develop and implement plans to identify, locate, and evaluate these children, and place them into suitable programs, all toward the goal of "full educational opportunity" for each (sections 612 and 613).1


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