History of Special Education Laws
Precursors to IDEA
May 17, 1954: The U.S. Supreme Court decided in the Brown v. Board of Education of Topeka case that it was unconstitutional for educational institutions to segregate children by race. This landmark legal ruling would have far-reaching implications for special education arena. Brown v. Board of Education, the Supreme Court established the right of every child to an education and laid the foundation for all subsequent special education cases.
April 9, 1965: The Elementary and Secondary Education Act (ESEA) was signed into law by Lyndon B. Johnson as part of the “War on Poverty.” ESEA not only called for equal access to education for all students, but also federal funding for both primary and secondary education for students disadvantaged by poverty. This legislation was important because it mandated that all children have equality of educational opportunity.
October 8, 1971: In the Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania ruling, the U.S. District Court for the Eastern District of Pennsylvania sided in favor of students with intellectual and learning disabilities in state-run institutions. PARC v. Penn called for students with disabilities to be placed in publicly funded school settings that met their individual educational needs, based on a proper and thorough evaluation. This ruling band the exclusion of children with mental retardation from public schools and was the first to establish parental participation in educational placement decisions.
December 17, 1971: In the Mills v. Board of Education of the District of Columbia case, the U.S. District Court for the District of Columbia students classified as “exceptional” – including those with mental and learning disabilities and behavioral issues. This ruling made it unlawful for the D.C. Board of Education to deny these individuals access to publicly funded educational opportunities. Prior to this legislation it was common practice of to exclude, suspend, expel, and transfer “exceptional” children from regular public school classes. This case was one of the catalyst for the 1972 Congressional investigation into special education.
Congressional Investigation of 1972: In the wave of the PARC and Mills ruling, [AR1] Congress set out to uncover how many children with special education needs were being underserved. The Bureau of Education for the Handicapped found that there were 8 million children requiring special education services. Of this total, 3.9 million students adequately had their educational needs met, 2.5 million were receiving a substandard education and 1.75 million weren’t in school. Their findings during this investigation laid the foundation for the Education for All Handicapped Children Act, known as Public Law 94-142.
November 29, 1975: President Gerald Ford signed the Education for All Handicapped Children Act, otherwise known as Public Law 94-142. This law required all states that accepted money from the federal government were required to provide equal access to education for children with disabilities, in addition to providing them with one free meal per day. States had the responsibility to ensure compliance under the law within all of their public school systems. Congress took measures to protect the rights of children and parents. Procedural safeguards detail those rights.
October 8, 1976: Public Law 99-457 was an amendment to the All Handicapped Children Act, which mandated that individual states provide services to families of children born with disabilities from the time they are born. Previously, these services were not available until a child reached the age of three. As a former Early Childhood Education Special Education teacher I am versed on the research validating the importance of early interventions.
August 6, 1986: President Reagan signed the Handicapped Children’s Protection Act, a law that gave parents of children with disabilities more say in the development of their child’s Individual Education Plan, or IEP. Additionally, it amends the Education of the Handicapped Act to authorize the award of reasonable attorneys' fees, expenses, and costs to the parents or guardian of a handicapped child or youth who is the prevailing party in a civil suit under such Act to protect the child's right to a free appropriate public education. This mandated remains in tack. If a parent hires a lawyer and wins a due process hearing the school is required to pay “reasonable” attorney fees.
January 1, 1990: Public Law 101-476 called for significant changes to Public Law 94-142, or the Education for All Handicapped Children Act. Traumatic brain injury and autism were added as new disability categories. Additionally, Congress mandated that as a part of a student’s IEP, an individual transition plan, or ITP, must be developed to help the student transition to post-secondary life. This legislation was necessary on so many levels. Although a student's disability classification never dictates services it provides students with disabilities a right to an IEP under IDEA. Additionally a transition plan is still required today. These plans are crucial for students 16 and older with disabilities. The transition plan includes postsecondary goals and transition services to bridge the passage from adolescence to young adult.
Source: Dates and summaries of advocacy for special education services retrieved from, “Timeline of the Individuals with Disabilities Education Act (IDEA).” https://educationonline.ku.edu/community/idea-timeline
May 17, 1954: The U.S. Supreme Court decided in the Brown v. Board of Education of Topeka case that it was unconstitutional for educational institutions to segregate children by race. This landmark legal ruling would have far-reaching implications for special education arena. Brown v. Board of Education, the Supreme Court established the right of every child to an education and laid the foundation for all subsequent special education cases.
April 9, 1965: The Elementary and Secondary Education Act (ESEA) was signed into law by Lyndon B. Johnson as part of the “War on Poverty.” ESEA not only called for equal access to education for all students, but also federal funding for both primary and secondary education for students disadvantaged by poverty. This legislation was important because it mandated that all children have equality of educational opportunity.
October 8, 1971: In the Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania ruling, the U.S. District Court for the Eastern District of Pennsylvania sided in favor of students with intellectual and learning disabilities in state-run institutions. PARC v. Penn called for students with disabilities to be placed in publicly funded school settings that met their individual educational needs, based on a proper and thorough evaluation. This ruling band the exclusion of children with mental retardation from public schools and was the first to establish parental participation in educational placement decisions.
December 17, 1971: In the Mills v. Board of Education of the District of Columbia case, the U.S. District Court for the District of Columbia students classified as “exceptional” – including those with mental and learning disabilities and behavioral issues. This ruling made it unlawful for the D.C. Board of Education to deny these individuals access to publicly funded educational opportunities. Prior to this legislation it was common practice of to exclude, suspend, expel, and transfer “exceptional” children from regular public school classes. This case was one of the catalyst for the 1972 Congressional investigation into special education.
Congressional Investigation of 1972: In the wave of the PARC and Mills ruling, [AR1] Congress set out to uncover how many children with special education needs were being underserved. The Bureau of Education for the Handicapped found that there were 8 million children requiring special education services. Of this total, 3.9 million students adequately had their educational needs met, 2.5 million were receiving a substandard education and 1.75 million weren’t in school. Their findings during this investigation laid the foundation for the Education for All Handicapped Children Act, known as Public Law 94-142.
November 29, 1975: President Gerald Ford signed the Education for All Handicapped Children Act, otherwise known as Public Law 94-142. This law required all states that accepted money from the federal government were required to provide equal access to education for children with disabilities, in addition to providing them with one free meal per day. States had the responsibility to ensure compliance under the law within all of their public school systems. Congress took measures to protect the rights of children and parents. Procedural safeguards detail those rights.
October 8, 1976: Public Law 99-457 was an amendment to the All Handicapped Children Act, which mandated that individual states provide services to families of children born with disabilities from the time they are born. Previously, these services were not available until a child reached the age of three. As a former Early Childhood Education Special Education teacher I am versed on the research validating the importance of early interventions.
August 6, 1986: President Reagan signed the Handicapped Children’s Protection Act, a law that gave parents of children with disabilities more say in the development of their child’s Individual Education Plan, or IEP. Additionally, it amends the Education of the Handicapped Act to authorize the award of reasonable attorneys' fees, expenses, and costs to the parents or guardian of a handicapped child or youth who is the prevailing party in a civil suit under such Act to protect the child's right to a free appropriate public education. This mandated remains in tack. If a parent hires a lawyer and wins a due process hearing the school is required to pay “reasonable” attorney fees.
January 1, 1990: Public Law 101-476 called for significant changes to Public Law 94-142, or the Education for All Handicapped Children Act. Traumatic brain injury and autism were added as new disability categories. Additionally, Congress mandated that as a part of a student’s IEP, an individual transition plan, or ITP, must be developed to help the student transition to post-secondary life. This legislation was necessary on so many levels. Although a student's disability classification never dictates services it provides students with disabilities a right to an IEP under IDEA. Additionally a transition plan is still required today. These plans are crucial for students 16 and older with disabilities. The transition plan includes postsecondary goals and transition services to bridge the passage from adolescence to young adult.
Source: Dates and summaries of advocacy for special education services retrieved from, “Timeline of the Individuals with Disabilities Education Act (IDEA).” https://educationonline.ku.edu/community/idea-timeline